SUREKHA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE, made returnable forthwith and by consent taken up for final hearing. Learned Counsel waive service.

(2.) THE batch of petitions, which is being disposed of by the present order, raises a common question. Consequently, the petitions are being heard together and will be governed by this order. All the petitioners in the petitions before the Court are Assistant Teachers who have been employed by Vastal Vithal Ashti Vyang Vidyalaya, Gangakhed, Taluka Gangakhed, District Parbhani. This institution which employes the teachers concerned in the petition is the second respondent in these proceedings and is an institution conducted for the benefit of physically handicapped persons. The institution is being run by the third respondent. The petitioner in the first petition was appointed as an assistant teacher on 1st April 1992. The petitioner was thereafter, continued in the employment of the institution until the academic year 1998-99. The District Social Welfare Officer, Parbhani, accorded his approval to the appointment of the petitioner for the years 1993-94, 1994-95, 1995-96, 1996-97, 1997-98 and 1998-99.

(3.) IN 1995, Parliament enacted the "persons With Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 which is an Act to make special provisions with respect to persons suffering from disabilities. Chapter X of the Act is entitled "recognition of Institution for persons with disabilities". Section 51 provides that save as otherwise provided under the Act, no person shall establish or maintain any institution for persons with disabilities except under and in accordance with a certificate of registration issued in that behalf by the competent authority. The State Government is empowered by section 52 to grant a certificate of registration when it is satisfied that the applicant has complied with the requirements of the Act and the Rules which have been made thereunder. Sub-section (3) of section 52 provides that no certificate of registration shall be granted under sub-section (2) unless the institution with respect to which an application has been made is in a position to provide the facilities and maintain the standards which are prescribed by the State Government.