01Facts
Respondent No. 1, a primary teacher at the Petitioner-School since 2008, sustained a 90% locomotor disability (traumatic paraplegia) on 22.08.2013.
¶ 3–4The injury occurred when she attempted to save a student threatening to jump from a windowsill.
¶ 6The Petitioner paid initial medical bills and salary up to May 2015, but then offered her a lower-paying "retainer role" rather than reinstating her as a teacher with accommodations.
¶ 7–9Treating the refusal as a lapse in service, the School effectively terminated her.
¶ 23.40In 2019, the Teacher filed a complaint before Respondent No. 2 (State Commissioner for Persons with Disabilities).
¶ 10The Commissioner ordered the School to pay ₹10 lakhs for medical expenses and future costs.
¶ 11The Petitioner challenged this order, claiming the Commissioner lacked jurisdiction over private unaided schools and that the claim was barred by limitation.
¶ 12.3–12.402Issues
i.1. Whether the Rights of Persons with Disabilities Act (RPwD Act), 2016, applies to private unaided educational institutions.
¶ 19, Point 1ii.2. Whether the State Commissioner has the power to issue binding corrective directions and compensatory orders against private establishments.
¶ 19, Point 9iii.3. Whether the complaint was barred by limitation given the multi-year delay between termination and filing.
¶ 19, Point 8iv.4. Whether the denial of "reasonable accommodation" by a private employer constitutes actionable discrimination.
¶ 19, Point 703Law Applied
The Court applied the Rights of Persons with Disabilities Act, 2016, specifically Section 2(i) which expands "establishment" to include private entities.
¶ 21.21Section 3(3) regarding universal non-discrimination.
¶ 25.4Section 2(y) defining "reasonable accommodation".
¶ 23.20Section 82(2), which deems the Commissioner a civil court for specific judicial proceedings, distinguishing it from the 1995 Act.
¶ 29.12Precedentially, it followed Vikash Kumar v. UPSC, which designated the RPwD Act a "watershed" legislation applying to the private sector.
¶ 21.26In Re: Recruitment of PWD Candidates (Rajasthan), which labeled it a "super statute".
¶ 21.27Kabir Paharia v. NMC, establishing reasonable accommodation as a fundamental right under Articles 14 and 21.
¶ 25.10Provisions in the judgment · 36 · Linked ones open on LawLens
Rights of Persons with Disabilities Act, 2016. 29 provisions
Section 2Section 3Section 16Section 17Section 18Section 20Section 21Section 29Section 31Section 32Section 34Section 35Section 36Section 38Section 39Section 40Section 44Section 45Section 46Section 75Section 76Section 79Section 80Section 81Section 82Section 83Section 89Section 101Section 102Limitation Act, 1963 Section 1
Code of Civil Procedure, 1908 Section 22
Indian Penal Code, 1860 Section 193Section 228Section 377
Code of Criminal Procedure, 1973 Section 195
Companies Act, 2013 Section 2
04Reasoning
The Court rejected the Petitioner's reliance on Dalco Engineering and Vinesh Kumar Bhasin, noting those were decided under the narrower 1995 Act.
¶ 21.25, 29.13Under the 2016 Act, "establishment" expressly includes private institutions.
¶ 21.21The Court found that while Section 20 applies to government jobs, Section 3(3) imposes a universal prohibition on discrimination that binds private employers.
¶ 23.32The School’s failure to provide a ground-floor classroom or accessible restrooms—and offering a demotion instead—constituted "discrimination by omission".
¶ 25.30, 27.37Regarding jurisdiction, the Court held that Section 82(2) of the 2016 Act gives the Commissioner broader powers than the 1995 Act, including the power to direct "corrective action".
¶ 29.30The limitation plea was dismissed because disability rights violations constitute a "continuing cause of action".
¶ 28.28A three-year delay for a paraplegic person following rehabilitation is "reasonable".
¶ 28.3505Holding
The Court dismissed the writ petition and upheld the Commissioner’s order.
¶ 33.4The Court held that the RPwD Act, 2016, applies to private schools and the Commissioner has the power to award compensation.
¶ 21.47, 29.33The Court ordered the Petitioner to: (i) pay ₹10,00,000 within three months; (ii) frame an Equal Opportunity Policy; (iii) conduct an accessibility audit; and (iv) offer formal reinstatement to the Teacher with specific accommodations—including a ground-floor classroom and transport allowance—with seniority protected but without back wages.
Orders ii, iii(a), iii(b), iii(c), ivThe Court issued a comprehensive Standard Operating Procedure (SOP) for universal accessibility in Karnataka.
p. 421Original Court PDF
PSBB LEARNING LEADERSHIP ACADEMYvsMRS.BARNALI ROUT
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