Special Privileges to be Accorded to the Disabled

Shri Niaz Ahmad vs. Union of India & Others

Filed under: Article 226 of the Constitution of India
Appellants: Shri Niaz Ahmad
Respondent: Union of India & Others
Citation: C.W No. 2678/00 Decided on 26.07.2001 (Unreported)
Court: In the High Court of Delhi
Judge: Mukul Mudgal

Facts

Shri Niaz Ahmad was a blind person. He sought an allotment of a telephone booth from the Incharge/Controller at Anand Vihar, I.S.B.T and a telephone connection from respondents 5 & 6 (names not mentioned) at the said place, However, he was not allowed the telephone connection.

Aggrieved, he filed the present Writ Petition praying for directions to the authorities for allotment of the booth.

Arguments made on behalf of the Union of India

It was argued on behalf of Union of India that respondents 5 & 6 were not disinclined to grant the telephone connection sought but had pleaded that the telephone connection could only be granted as and when Niaz has space for a telephone booth.

It was further argued that at present Niaz did not have any space for which a telephone connection could be granted to him.

It was further stated that Niaz may be entitled to apply for the 25% quota reserved for physically handicapped and that he was certainly entitled to be considered for the allotment of space if he fulfilled the eligibility criteria.

It was also argued that as and when an advertisement was floated, Niaz could apply for the allotment and his case would be considered along with the other candidates for the allotment of the space.

Observations of the Court

The Court considered Niaz’s disability and gave directions to the respondents that they would have to communicate in person to him as and when an allotment was likely to be made to the physically challenged persons so that he had adequate time to apply for the said allotment.

With these directions, the Writ Petition was disposed off.

Sections Referred:

• Article 226 of the Constitution of India