Are you looking for a legal research tool ?
Get Started
Do check other products like LIBIL, a legal due diligence tool to get a litigation check report and Case Management tool to monitor and collaborate on cases.

Sunanda Bhandare Foundation v. U.o.i. & Anr

Sunanda Bhandare Foundation v. U.o.i. & Anr

(Supreme Court Of India)

Writ Petition (Civil) No. 116 Of 1998 | 18-02-2009

1. The persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (hereinafter referred to as ’ the’) came into force on 7.2.1996 vide S.O.107(E) dated 7.2.1996. The petitioner in these cases, a charitable foundation, alleges that the provisions of this benevolent legislation are not being implemented and the disabled persons are not appointed on the basis of the reservation provided under the. Th e petitioner also alleges that the vacancies which could be filled up by reservation are not bei ng identified in accordance with the provisions of the and the Rules framed thereunder. In Chapter XII of the, a mechanism has been provided for the implementation of the. Section 57 states that the Central Government may, by Notification, appoint a Chief Commissioner for persons with disabilities for the purposes of this Act. The Chief Commissioner, so appointed, has to coordinate with the work of the Commissioners as appointed by various State Governments and monitor the utilisation of funds as disbursed by the Central Government. He has also to take steps to safeguard the rights and facilities made available to the persons with disabilities and look into the complaints with respect to t he deprivation of rights of persons with disabilities.

2. Under Section 60 of the Act, every State Government may, by Notification, appoint a Commissioner for persons with disabilities for the purposes of this Act. Th e Commissioner, so appointed by the State Government, is also vested with the power to coordinate with the various departments of the State Government for the programmes and 7 schemes for the benefit of persons with disabilities. He has to monitor the utilisation of the funds disbursed by the State Government and to take steps to safeguard the rights and facilities made available to the disabled persons. The Commissioner is also expected to file a report to the State Government on the implementation of the at such intervals as that Government may prescribe and forward a copy thereof to the Chief Commissioner. We are told that many of the State Governments have not appointed the Commissioners as provided under Section 60 of the. If any of the State Governments have not appointed any Commissioner as provided under Section 60 of the Act, the same shall be done at the earliest and at least within a period of two months. The petitioner is permitted to take steps to implead all the Commissioners and the Chief Commissioner appointed/so appointed as respondents.

3. Issue notice to the impleaded respondents.

4. A copy of this order be sent to the Chief Secretary of each State/Union Territory.

5. List after eight weeks.

Advocate List

  • For Petitioner(s) Ms. C.K. Sucharita,Adv. Petitioner-In-Person(NP) Mr. Mukesh K. Giri, Adv. Mr. Ravindra Keshavrao Adsure, Adv.

  • For Respondent(s) Mr.T.S.Doabia, Sr.Adv. Mrs.Sunita Sharma, Adv. Mrs.Rekha Pandey, Adv. forMrs.Anil Katiyar, Adv. Mr.D.S.Mahra, Adv. Mr.P.Parmeswaran, Adv. Ms. Sushma Suri ,Adv Mr. Prashant Kumar,Adv. Ms. A.Subhashini ,Adv Mr. Arun K. Sinha ,Adv Mr Manish Kumar Saran,Adv Mr.T.V.Ratnam, Adv. Mrs.V.D.Khanna, Adv. Mr.Praveen Swarup,Adv. Mr.Anil K.Jha, Adv. Mr. Ashok Mathur ,Adv Mr. Anis Suhrawardy ,Adv Mr.S.Mehdi Imam, Adv. Mr.Tabrez Ahmad, Adv. Mr. B.B. Singh ,Adv Mr. G. Prakash ,Adv Mr. Gopal Singh ,Adv Ms. Hemantika Wahi ,Adv Ms.pinky, Adv. Ms.Mamta, Adv. Mr. M.A. Krishna Moorthy ,Adv Mr. Naresh K. Sharma ,Adv Mr. P.N. Gupta ,Adv Mr. P.N. Ramalingam ,Adv Mr.K.N.Madhusoodhanan, Adv. Mr. R. Sathish ,Adv Mr. Sushil Kumar Jain ,Adv Mr. Satish Vig ,Adv Mr. Rajeev Sharma ,Adv Mr. Ranbir Singh Yadav ,Adv Mr. K.V.Mohan ,Adv Ms. Niranjana Singh ,Adv Mr. Ranjan Mukherjee ,Adv Mr. V.G. Pragasam ,Adv Mr.S.J.Aristotle, Adv. Mr.Prabu Ramasubramanian,Adv. Mr. Jana Kalyan Das ,Adv Mrs.D. Bharathi Reddy ,Adv Mr.Khwairakpam Nobin Singh ,Adv Mr. Anil Kumar Tandale ,Adv Mr. Anil Shrivastav ,Adv Mr. Sanjay R. Hegde ,Adv Mr. Rajiv Mehta ,Adv Mr. Praveen Swarup ,Adv Mr.Ng.J.R.Luwang, Adv. Mr.Ranjan Mazumdar, Adv. For M/S Corporate Law Group ,Advs Mr. Rajesh Srivastava ,Adv Mr.Vikrant Singh Bais, Adv. Ms. Vibha Datta Makhija ,Adv Mr. Kamlendra Mishra ,Adv Ms. Sumita Hazarika ,Adv Ms. Susmita Lal ,Adv Mr. Gulshan Bajwa ,Adv Mr.T.V.George ,Adv Mr.Mukesh Verma, Adv. Mr.Shrish Kr.Misra, Adv. Mr.Abhay Prakash Sahay, Adv. Mr. Anuvrat Sharma ,Adv Mr. Shreekant N. Terdal Mrs.Suchitra Atul Chitale Mr. Prashant Kumar, Adv. Mr.S.Thananjayan, Av. Mrs.Aruna Mathur, Adv. For M/s.Arputham, Aruna & Co., Advs.

Bench
  • HON'BLE MR. JUSTICE HL DATTU CJI
  • HON'BLE MR. JUSTICE J. M. PANCHAL
  • HON'BLE MR. JUSTICE ASOK KUMAR GANGULY
Eq Citations
  • (2014) 15 SCC 483
  • LQ/SC/2009/388
Head Note

Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 — Ss. 57 & 60 — Appointment of Commissioners under S. 60 — State Governments not appointing Commissioners under S. 60 — Held, if any of the State Governments have not appointed any Commissioner as provided under S. 60 of the Act, the same shall be done at the earliest and at least within a period of two months — Petitioner is permitted to take steps to implead all the Commissioners and the Chief Commissioner appointed/so appointed as respondents — A copy of this order be sent to the Chief Secretary of each State/Union Territory — Constitution of India, Art. 32