RASALE GOPAL Vs. ANDHRA BANK

JUDGEMENT

(1.) The petitioner challenges Section 2 (b) of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (for short, 'the Act') as illegal, arbitrary, discriminatory and violative of Articles 14 and 16 of the Constitution of India insofar as it does not take in its fold the persons which single functional eye or those suffering with disability of 30%.

(2.) The petitioner states that he was born with only one functional eye and the vision of the other eye is totally impaired. According to him, the person born with one functional eye, was invariably certified as suffering with 30% disability. His complaint is that he cannot be treated as disabled person as defined in Section 2 of the said Act. According to him, 'blindness' which is defined in Section 2 (b) of the Act does not take in its fold the persons with only one functional eye or those suffering with disability of 30%. The other limb of his contention is that he is not being considered on par with general candidates also on account of the 30% disability suffered by him.

(3.) Heard learned counsel for the petitioner and Sri Nooty Rama Mohana Rao, learned Standing Counsel.