PUBLIC INTEREST LITIGATION (PIL)

1.Shapan Chowkider;

2.Ain o Salish Kenrda (ASK);

3.Bangladesh Legal Aid and Service Trust (BLAST);

4.Action on Disability and Development(ADD)

1.Secretary, Ministry of Establishment;

2.Secretary, Ministry of  Law, Justice and Parliamentary Affairs;

3.Secretary, Ministry of  Social Welfare;

4. Secretary, Ministry of Health and Family Planning;

5. Bangladesh Public Service Commission (BPSC);

6.Chairman, BPSC; 7.Secretary, BPSC; 8.Controller of Examination, BPSC;

9.Director General, Directorate of Health;

10.National Disability Welfare Coordination Committee;

11.Chairman,  National Disability Welfare Coordination Committee;

12.Secretary, National Disability Welfare Coordination Committee

ShapanChowkidar, a lawyer with visual disabilities who had been denied the opportunity for admission to examinations for the Public Service Commission (PSC), along with BLAST, Ain o Salish Kendra (ASK), Action on Disability and Development (ADD) filed a writ petition challenging Schedule III of the Bangladesh Civil Service (Age, Qualifications and Examinations for Direct Recruitment) Rules, 1982 (‘the BCS Rules’) which bars persons with disabilities from being eligible for employment in public service. ShapanChowkidar had taken part in competitive examinations at all stages of his academic life with 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. He submitted his application for appearing for the PSC examinations pursuant to a notice published in a national daily, but the Public Service Commission refused to issue an admit card to him on purported grounds of his non-eligibility under existing law.

Directions were issued on Respondent nos. 10, 11 and 12 to inform the court of steps taken under S.6 (2) and Schedule ‘Cha’ of the Act 2001.

Mr. Justice 
Md. Mamtaz Uddin Ahmed

Ms. Justice Naima Haider

Rule Nisi was issued calling upon the respondents to show cause as to why an order should not be passed directing them for applying discriminatory powers and performing their duties to ensure the accommodation of citizens with disabilities in the appropriate cadre posts of BCS in compliance with S.6(2) and Schedule ‘Cha’ of the Act 2001, and why the application of Schedule III of Bangladesh Civil Service (Age, Qualification and Examination for Direct Recruitment) Rules 1982 should be declared to be without consideration of the fundamental rights of the citizens with disabilities, and without lawful authority and of no legal effect.

Mr. Justice 
Md. Mamtaz Uddin Ahmed

Ms. Justice Naima Haider

Respondents were directed to allow the Petitioner and other persons with disabilities to sit for the 33^rd BCS Examinations, and to ensure reasonable accommodation for the persons with disabilities/persons of special needs by providing physical access for persons with disabilities and eligible scribes for those with visual disabilities.

Ms Justice Naima Haider

Mr Justice Farid Ahmed