Mumbai: Bombay high court has quashed and set aside disqualification of a candidate (25) from further rounds of selection to the Central Industrial Security Force for having a subtle lisp.Justices Ravindra Ghuge and Abhay Mantri on Wed while allowing him to continue in the recruitment process, clarified he “would be at liberty to undertake focussed tongue exercises or minor practice or assistance of a professional speech therapist for overcoming the issue.”
The judges noted there was no dispute that the petitioner is otherwise able-bodied person and can take further tests. Centre’s advocate Rui Rodrigues submitted a CISF doctor’s Dec 9 communication that the candidate was declared unfit due to speech abnormality of subtle lisp. “Basic requirement of our force is that a candidate should communicate effectively for command and safety of our troops. But due to subtle lisp, the above individual cannot command satisfactorily,” it stated.The candidate’s advocate Pawankumar Prasad referred to guidelines for recruitment medical examination and specifically a clause which mentions “speech should be without impediment i.e. no stammering”. “There is no dispute that the petitioner does not suffer from stammering. He suffers from a subtle lisp,” the judges said.They noted that “subtle lisp is a slight mispronunciation of ‘s’ and ‘z’ sounds, often involving a minor tongue placement issue, where the tongue pokes forward or sideways, creating a soft ‘th” or a faint slushy sound instead of a clear, crisp “s”.” It is a “minor articulation disorder” and can be addressed for clearer speech, they added. Considering the petitioner desires to join as a constable, the stage of issuing commands “is yet to come’ and guidelines do not include subtle lisp as a disqualification, the judges gave him “benefit of doubt.“However they made it clear that “we have only overruled the objection of subtle lisp at this stage” and the petitioner would be eligible to participate in the further selection process strictly in accordance with applicable rules and procedure. In future, if he has a chance to occupy a position requiring issuance of loud commands to jawans,”the concerned authorities would be at liberty to subject him to a proper medical test to find out whether subtle lisp problem still persists or is overcome.” “If it persists and if it is an impediment, the Force would take an appropriate decision,” the judges concluded.
