ARMAN ALI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Ms. R. S. Choudhury, learned counsel for the petitioner and Mr. R. Dhar, learned Govt. Advocate, Assam. Mr. R. Saloi, learned counsel has appeared on behalf of respondent Nos. 5 and 6.

(2.) By filing this petition under Article 226 of the Constitution of India, petitioner seeks a direction to the respondents, more particularly, the State respondents to ensure that petitioner can avail the right of access and equal participation guaranteed under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 and further seeks imposition of exemplary cost upon respondent Nos. 5 and 6 for violating petitioner's right to access and equal opportunity under the aforesaid Act.

(3.) From the pleadings it is seen that petitioner is a person with cerebral palsy. Notwithstanding such disability, petitioner has overcome physical and mental barriers in his personal capacity and by virtue of his commitment and participation, he has become a leading disability rights activist of the country. At the time of filing of the writ petition, he was the Executive Director of Shishu Sarothi, a centre established at Guwahati for rehabilitation and training for multiple disability. He is also associated with various organizations connected with welfare of children and differently abled persons. In the course of the hearing, Ms. Choudhury, learned counsel for the petitioner informed the Court that petitioner is now the Executive Director of National Centre for Promotion of Employment for Disabled People (NCPEDP).