ROHIT BHAKER Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner is a 100% physically disabled having hearing impairment (deaf and dumb) by birth The petitioner has invoked the jurisdiction of this Court to seek a writ of certiorarl for quashing of its communications, Annexures P-4 to P-6, whereby the benefit of free travelling to 100% deal and dumb is not being allowed in the Haryana Roadways buses even though a circular has been issued on 21-2-1991 granting the facility of free travelling concession in Haryana Roadways buses to 100% physically handicapped

(2.) the petitioner has relied upon annexure P 2, a circular dated 21-2 1991, issued by the Commissioner and Secretary to Government ot Haryana, Transport Department, Haryana, whereby sanction was accorded to the grant ot tree travelling concession to cent percent physically handicapped persons of Haryana in the Haryana Roadways buses in the jurisdiction of Haryana only The petitioner is a person with 100 % physical disability in respect of which Civil Surgeon, Bhiwani has issued a certificate. As per said certificate the petitioner is a 100% deaf and dumb In view of the said certificate, the request of the petitioner for issuance of free travelling pass in the Haryana Roadways buses was not granted on the basis of communication dated 11-4-1996, Annexure P-4, whereby the Transport Commissioner Haryana, Chandigarh, addressed a communication to all the General Managers of Haryana Roadways in the State to the effect that free travelling facility is admissible only to the persons who are 100% physically handicapped and not to the persons who have 100% disability for hearing Subsequently the Commissioner and Secretary to Government ot Haryana, Transport Department Haryana had issued another communication to the Director, Department ot Social Justice & Empowerment, Haryana, Chandigarh on 17 6-2003 to the effect that the Government is not agreeing with the proposal to grant concession of free travelling in the buses oi Haryana Roadways to deaf and dumb

(3.) The respondents have filed a written statement wherein it was pointed out that the benefit of free travel in the State Roadways buses has been granted as a matter of grace to the orthopaedically handicapped and the blind persons The policy specifically does not apply to deaf and dumb persons It was further stated that the State Government on several occasions has taken a specific decision that this benefit shall not be granted to deaf and dumb persons It is pointed out that the benefit of free travelling in the State Roadways buses cannot be claimed by any person as a matter of right. Reference was made to circular dated 20-2-2001 issued by the Commissioner and Secretary, Government of Haryana, Transport Department, to the Transport Commissioner, Haryana, Chandigarh, to the effect that the Government is unable to agree with the proposal regarding providing of free travelling facility to the deaf and dumb persons in the buses of Haryana Roadways.