AKABARI KAUSHIK HANSRAJBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The basic challenge in all these petitions is at the instance of the petitioners who are in a category of Physically Handicapped candidates being defined as 'blind'/low vision and percentage is 100%, and denied appointment to the post of Vidya Sahayak (Primary Section Std. VI to VIII) and 'Disability' as defined under Section 2(b) and 2(i) of the Persons with Disabilities (Equal Opportunities, Projection of Rights and Full Participation) Act, 1995, [for short, 'the Act'], is the ground so referred in Clause 7 of the Resolution dated 15thApril 2010 issued by the Department of Education, State of Gujarat.

(2.) The conspectus of the law as emerging from various decisions of the Apex Court on the subject of employment qua differently abled persons is as under : -

(3.) Since common question of law and facts is involved in this group of petitions, they are heard and disposed of by this common judgment, taking Special Civil Application No.6858 of 2010 as lead matter. Special Civil Application No.6858 of 2010 & 8359 of 2011