PUBLIC INTEREST LITIGATION (PIL)

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)

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

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.

After hearing the petitioners, the High Court issued a direction upon the respondent no. 6 (Secretary, Judicial Service Commission) to inform the Court as to the steps taken under section 6(2) and schedule ‘ চ ‘ of the Judicial Service Commission Act for the employment of disable persons including visually impaired persons within 30 days.

The matter was listed on 26.05.2010 for further order.

The Judicial Service Commission filed an Affidavit – in – Compliance.

Mr. Justice Md. Mamtaz Uddin Ahmed

Ms. Justice Naima Haider

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.

Mr. Justice Md. Mamtaz Uddin Ahmed

Ms. Justice Naima Haider