PUBLIC INTEREST LITIGATION (PIL)

A compilation of PIL cases in Bangladesh

Case Number: Writ Petition No. 2867 of 2010
Date of filing: 2010/04/11
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Petitioners

1. Shapan Chowkidar
2. Bangladesh Legal Aid and Services Trust (BLAST)
3. Action on Disability and Development (ADD)
4. National Council of Disabled Women (NCDW)

Respondents

1. Secretary of Ministry of Law Justice and Parliamentary Affairs
2. Chairman, Bangladesh Judicial Service Commission

Facts

Shapan Chowkidar, a lawyer with visual impairments, along with BLAST, Action on Disability and Development (ADD), and the National Council of Women with Disabilities (NCDW), filed a writ petition challenging Schedule III of the Bangladesh Judicial Service Appointment Order, 2007, which bars persons with disabilities from being eligible for employment in judicial service. ShapanChowkidar had participated in competitive examinations throughout his academic life with the aid of a scribe and/or by use of documents in Braille. He obtained his Secondary School Certificate (S.S.C) with star marks in 1999, and his Higher Secondary Certificate (H.S.C) with a First Division in 2001. He was admitted to the Department of Law, University of Dhaka in 2002, where he obtained his LL.B. (Hons) and LL.M. degrees in 2008 and 2009 respectively. In 2009 he was enrolled as an Advocate with the Bar Council after qualifying in both the written and viva voce examinations. However, when he submitted his application for appearing for the JSC examinations he received an admit card, but his request for the aid of a scribe was denied by the Secretary of JSC on the grounds that no such facilities could be made available, and that in any event, persons with disabilities were not eligible for admission to the judicial service.

Rule/Order/Judgment
Date: 08/06/2010


Details
The High Court issued a Rule Nisi on 08.06.2010 on the respondents, including the Ministry of Law, Justice and Parliamentary Affairs and the JSC, to show cause as to why certain provisions of the JSC Rules should not be declared to be unconstitutional to the extent that they are inconsistent with the fundamental rights of persons with disabilities to equality, equality of opportunity and the right to a profession. It also directed the respondents to show cause as to why they should not be directed to apply their discretionary powers and to perform their duties as prescribed by law to identify cadre posts within the Bangladesh Judicial Service as appropriate for citizens with disabilities as well as to ensure the hiring of citizens with disabilities for these posts. Earlier, on 25.04.2010, the Court had directed the Judicial Service Commission to submit a report within thirty days on the steps taken to date implement their obligations under Section 6(2) and Schedule ‘Cha’ of the Disability Welfare Act, 2001.
Justices
Mr Justice Md Imman Ali
Mr Justice Emdadul Haque

Database Last Updated on: 2017-02-12 15:26:45
Area of law
Employment,
Disability,
Discrimination (disability)
Keywords
Wrongful Rejection; Facilities for disabled examinees
Relevant statute

Constitution, Articles 27, 29, 15 and 19 (2); Disability Welfare Act 2001; বাংলাদেশ জুডিশিয়াল সার্ভিস (সার্ভিস গঠন, সার্ভিস পদে নিয়োগ এবং সাময়িক বরখাস্তকরণ, বরখাস্তকরণ ও অপসারণ) বিধিমালা ২০০৭, বাংলাদেশ জুডিসিয়াল সার্ভিসের প্রবেশ পদে নিয়োগ বিষয়ক আদেশ, ২০০৭





Case Number: Writ Petition No. 2867 of 2010
Date of filing: 2010/04/11

Petitioners

1. Shapan Chowkidar
2. Bangladesh Legal Aid and Services Trust (BLAST)
3. Action on Disability and Development (ADD)
4. National Council of Disabled Women (NCDW)

Respondents

1. Secretary of Ministry of Law Justice and Parliamentary Affairs
2. Chairman, Bangladesh Judicial Service Commission

Facts

Shapan Chowkidar, a lawyer with visual impairments, along with BLAST, Action on Disability and Development (ADD), and the National Council of Women with Disabilities (NCDW), filed a writ petition challenging Schedule III of the Bangladesh Judicial Service Appointment Order, 2007, which bars persons with disabilities from being eligible for employment in judicial service. ShapanChowkidar had participated in competitive examinations throughout his academic life with the aid of a scribe and/or by use of documents in Braille. He obtained his Secondary School Certificate (S.S.C) with star marks in 1999, and his Higher Secondary Certificate (H.S.C) with a First Division in 2001. He was admitted to the Department of Law, University of Dhaka in 2002, where he obtained his LL.B. (Hons) and LL.M. degrees in 2008 and 2009 respectively. In 2009 he was enrolled as an Advocate with the Bar Council after qualifying in both the written and viva voce examinations. However, when he submitted his application for appearing for the JSC examinations he received an admit card, but his request for the aid of a scribe was denied by the Secretary of JSC on the grounds that no such facilities could be made available, and that in any event, persons with disabilities were not eligible for admission to the judicial service.


Rule/Order/Judgment
Date: 08/06/2010:
Details
The High Court issued a Rule Nisi on 08.06.2010 on the respondents, including the Ministry of Law, Justice and Parliamentary Affairs and the JSC, to show cause as to why certain provisions of the JSC Rules should not be declared to be unconstitutional to the extent that they are inconsistent with the fundamental rights of persons with disabilities to equality, equality of opportunity and the right to a profession. It also directed the respondents to show cause as to why they should not be directed to apply their discretionary powers and to perform their duties as prescribed by law to identify cadre posts within the Bangladesh Judicial Service as appropriate for citizens with disabilities as well as to ensure the hiring of citizens with disabilities for these posts. Earlier, on 25.04.2010, the Court had directed the Judicial Service Commission to submit a report within thirty days on the steps taken to date implement their obligations under Section 6(2) and Schedule ‘Cha’ of the Disability Welfare Act, 2001.
Justices
Mr Justice Md Imman Ali,   Mr Justice Emdadul Haque


Reference

Area of law
Employment,  Disability,  Discrimination (disability)

Keywords
Wrongful Rejection; Facilities for disabled examinees

Relevant statute

Constitution, Articles 27, 29, 15 and 19 (2); Disability Welfare Act 2001; বাংলাদেশ জুডিশিয়াল সার্ভিস (সার্ভিস গঠন, সার্ভিস পদে নিয়োগ এবং সাময়িক বরখাস্তকরণ, বরখাস্তকরণ ও অপসারণ) বিধিমালা ২০০৭, বাংলাদেশ জুডিসিয়াল সার্ভিসের প্রবেশ পদে নিয়োগ বিষয়ক আদেশ, ২০০৭


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Database Last Updated on: 2017-02-12 15:26:45