Smita Sabharwal, File photo | Photo Credit: MOHD ARIF
Telangana High Court on Monday dismissed a PIL petition seeking a direction to IAS officer Smita Sabharwal to delete her alleged controversial remarks through X handle over physically challenged persons.
A bench of Chief Justice Alok Aradhe and Justice J. Sreenivas Rao dismissed the plea filed by a social activist at scrutiny stage, observing that the bureaucrat’s observations were her personal opinion. Such personal opinions or observations of an officer would not have any impact over a Government’s policy decisions.
The bench further noted that ‘every person has a right to freedom of expression and speech’ referring to the petitioner’s objections to the IAS officer’s remarks. Ms. Smita Sabharwal, presently serving as member secretary of Telangana State Finance Commission, on July 21 said through her X handle if the provision of reservations to differently abled persons in recruitment of civil services was justified.
“With all due respect to the Differently Abled…Does an Airline hire a pilot with disability? Or would you trust a surgeon with a disabilityt?. The nature of the AIS (IAS/IPS/IFoS) is field-work, long taxing hours, and listening first hand to people’s grievances-which required physical fitness. Why does this premier service need this Quota in first place!”, the officer’s post said.
The petitioner K. Vasundhara’s counsel contended the officer’s observations affected the right of physically challenged persons’ right to life and the right to live with dignity. However, the bench was not convinced by the counsel’s argument. The remarks of the officer did not deprive the differently abled persons’ of their reservations.
No government would take away reservations of the physically challenged persons based on the officer’s remarks, the bench said. Such rights were guaranteed by the Constitution, it noted.
