BAHADUR LAL Vs. STATE AND OTHERS

JUDGEMENT

(1.) With consent of the learned counsel for the parties, the matter is heard finally. In this petition, the petitioner inter alia seeks a writ of certiorari for quashment of Government Order, dated 05.03.2014 issued by the State Government to the extent it provides that any inmate can stay in the institution/ blind school till graduation or till attaining the age of 25 years whichever is earlier. The petitioner also seeks a writ of mandamus commanding to the respondents to increase the intake capacity of blind inmates from 25 to 100 in the residential school for visually impaired children at Roop Nagar, Jammu and to permit the petitioner to continue in the school for visually impaired children at Roop Nagar, Jammu.

(2.) Facts giving rise to the filing of this writ petition briefly stated are that the petitioner is a specially abled person and is visually impaired with disability of 100 per cent. The petitioner got enrolled himself with the School for Visually impaired Children at Roop Nagar, Jammu. The petitioner admittedly has passed the graduation examination and is aged about 21 years. The State Government in the year 1979 vide Government Order dated 14.03.1978 had accorded sanction for rules for home for blinds which was established for the protection, welfare and education of blind inmates. As per Rule 3 of the said rules, the eligibility for admission in the school is that an individual in the age group of 10 to 15 years having total blindness of sight could have been admitted. Thereafter, by an order dated 14.03.1979, Rule 13 of the Rules for home for blind was modified by which it was provided that period of stay of an inmate shall be till his rehabilitation or till he can feed for himself. Thereafter, by an order dated 05.03.2014, Rule 13 was recast and was framed as follows:

(3.) The petitioner in the instant case has challenged the validity of the Government Order dated 05.03.2014. In the aforesaid factual background the petitioner has approached this Court.