MIRZA MAQBOOL HUSSAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) ON account of medical opinion expressed by the Board and the petitioner having been placed in BEE (T) category. Petitioner was not given promotion. Stand taken by the respondent in this regard in para 4 of the reply is reproduced below: -

(2.) SO far as the last argument is concerned, it is clear that the Act in question would not be available to the situation as it exists in this case. This Act is meant for those persons who are suffering from disabilities as indicated in Section 2(h) of the Act. The disabilities which are so mentioned in Section 2(n) of the Act, for facility of reference, are reproduced below -

(3.) A perusal of above statutory provision would indicate that the case of the petitioner is not covered by the said provision. The purpose of this Act is to enable a person to participate alongwith others. Apart from the fact that the petitioner does not suffer from any of the disabilities he has not been prevented from participation. He has simply been placed in low medical category on account of his physical state of affair. No doubt, Section 47 of the Act does make mention of the fact that there would be no discrimination in the Government employment and this Section also makes a provision that a promotion is not to be denied merely on the ground of disability, nevertheless, the aforementioned provision would not be attracted to the facts of this case. The words used in Section 47(2) are: -