defined in the Act. The words disability and person with disability is defined in Section 2 of the Act itself, as extracted below ... Act depends upon the nature of disability and extent of disability. ..Therefore, the provisions of the Act cannot be applied mechanically to all persons with
disability,
namely Specific Learning Disability (dyslexia), to the
extent of more than forty per cent, duly recognised
under the Rights of Persons with Disabilities Act ... namely persons with intellectual disability, specific
learning disability, autism spectrum disorder, mental
illness, and multiple disabilities. Learned counsel
submitted that the reliefs
specified disability. The term ‗specified disability' refers to
the disabilities mentioned in the Schedule to the said Act. The
Schedule to the Act ... specified disability. The term "specified disability" refers to
disabilities mentioned in the Schedule to the Act . The Schedule to the
Act
specified disability where specified disability has not
been defined in measurable terms and includes a person with disability
where specified disability has been defined ... with benchmark disabilities in the new category of
(i) autism, specific learning disability, mental illness and intellectual
disabilities and (ii) multiple disabilities amongst the various
Mark Disability coming under 'Specific Learning Disability'
(SLD).
2. The Central Government enacted the Rights of Persons with Disabilities
(RPwD) Act, 2016 , replacing ... person with benchmark disability.
4. The Applicant's disability is quantified as 40% learning disability and when
persons with similar disability can be allowed
benefit available to disabled employee under Disabled
Persons Law (The Persons with Disabilities) (Equal
Opportunities, Protection or Rights and Full Participation) Act,
1995, he submitted ... Disabilities Act, 2016 was contrary to the
protection of disabled person under ibid Disability Act, 2016.
9. It is also a fact that the applicant
Protection of Rights and Full Participation] Act, 1995 hereinafter referred o
as the "Act" or PWD Act , was brought into force making reservation ... vision, hearing
impairment and locomotor disability or cerebral palsy in the posts
identified for each disability.
36) Admittedly, the Act is a social legislation enacted
judgment, the term disability used in Section 47 of Disability Act 1995 can draw support not only in respect of defined disability contained in Section ... term disability used in 47 can draw support not only in respect of defined disability contained in Section 2 (i) of the Disability Act
under the general heading of the locomotor disability as defined under Section 2(i) of the Disability Act as under:-
"2 (i) Disability ... person suffering with such disabilities are eligible for appointment to the Government service. Section 32 of the Disability Act enjoins a responsibility to identify post
they are well covered within the meaning of disability under Section 2 of the Disability Act. As such denial of relaxation of medical standards ... disability of the applicants is not apparent and they have to qualify for establishing disability under Section 2 (i) of Disability Act.
14. We have
