Rajasthan High Court - Jodhpur
Mangal Chand vs State & Ors on 5 November, 2008
Author: Govind Mathur
Bench: Govind Mathur
1
S.B.CIVIL WRIT PETITION NO.7486/2008
Mangal Chand
v.
State of Rajasthan & Ors.
Date of Order :: 5th November, 2008
HON'BLE MR.JUSTICE GOVIND MATHUR
Mr. I.R.Choudhary, for the petitioner.
....
By this petition for writ a declaration is sought to declare the persons having one kidney as disabled under the Rajasthan Employment of Persons with Disabilities Rules, 2000 (hereinafter referred to as "the Rules of 2000").
It is stated by counsel for the petitioner that if any limb of body fails or stops working then such person is required to be treated as a disabled person and in the instant matter the petitioner is surviving only on one kidney, therefore, he should also be treated as a disabled person but the Rules of 2000 do not prescribes for that.
I do not find any merit in the argument advanced. The disability is required to be examined on basis of adverse effects in discharging day to day functions of a person because of some physical lacking. In entire petition for writ nothing is said 2 that how the survival on one kidney effects natural working of the petitioner. There is no foundation in the petition and the counsel for the petitioner also utterly failed to substantiate the claim made to declare the persons surviving with one kidney as disabled. No declaration as claimed can be made in absence of adequate foundation and material to do so.
The petition for writ, therefore, is dismissed.
( GOVIND MATHUR ),J.
kkm/ps.