MAHENDRAKUMAR SHIVARAM PRAPATI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner herein challenges the order No. CLK-1182- 3751 dated 23/02/1984 whereby the petitioner was held to be no a handicapped person and hence he was considered not eligible to get the benefit available to the handicapped person in respect of passing the examination for a clerical job. The petitioners case is that he is totally blind in one eye inasmuch as his left eye has corneal ulcer and therefore he is not able to see anything with that eye. The eye-ball being practically white. he has been using what is known as Cosmetic Contact Lens to prevent the ugly look of the face.

(2.) Mr. V. M. Dhotre for Mr. S. V. Raju the learned counsel for the petitioner has urged that the petitioner being blind in one eye he should be considered as a handicapped person. According to him the fact that the petitioner uses cosmetic contact lens should make no difference because that does not give him any vision. Mr. M. B. Gandhi the learned Assistant Government Pleader has urged that although the petitioner is blind in one eye. he can see with the other eye and carry on his normal work and therefore according to him the petitioner is not a handicapped person. Mr. Gandhi has also urged that for doing his clerical work the petitioner can do it equally efficiently with one eye and therefore there is no handicap.

(3.) The argument of Mr. Gandhi is obviously fallacious. Although a person may be able to see with one eye but it is not the same thing as seeing with both the eyes. The nature in its wisdom has thought it necessary to provide two eyes. It one eye was sufficient the nature would not have thought it fit to provide two eyes. The nature has done nothing useless or in vain. For every act of nature there is a good reason although it may or may not be properly understood. The obvious reason for providing two eyes is to give a sense of dimension apart from other reasons and therefore the loss of one eye is definitely a handicap. It is not very difficult to appreciate that the loss of an limb of human body debilitates to a certain extent. It may be that the handicapped person may be able to adjust himself to his new situation and carry on his normal walk as fully and efficiently as may be possible in the circumstances. But that does not mean that the person is not handicapped.