JUDHISTIR RAY Vs. STATE OF ORISSA

JUDGEMENT

(1.) Heard learned Counsel for the petitioner and the learned Government Advocate.

(2.) The petitioner claiming to be a physically handicapped person has approached this Court seeking for issuance of a direction to opposite parties to extend him the benefit of exemption of deposit of EMD & ISD.

(3.) Case of the petitioner is that he is a disabled person in terms of the definition contained in Section 2(t) of The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (hereinafter called, the "Act"), he is entitled to get the benefit of exemption of deposit of EMD & ISD at the time of submitting the tender papers. To substantiate his claim, the petitioner has filed disability certificate issued by the District Medical Board, Puri under Rule 4(2) of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Rules, 1996 and as per the guidelines issued by the Ministry of Welfare, Government of India published in Government of India Gazette dated 6th August, 2008 (Annexure-1), certifying that the percentage of disability of the petitioner is 50. The further case of the petitioner is that the opposite parties at the time of submitting the tender papers insisted the petitioner to deposit the E.M.D. and I.S.D. at the time of submission of the tender papers which he, being a physically handicapped person in terms of Section 2(t) of the Act, is not liable to deposit the EMD & ISD.