disabilities and computation of the reservation.
14. After the enactment of the Persons with Disabilities (Equal
Opportunities, Protection of Rights and Full Participation) Act ... reservation for disabled provided under
Section 33 of the Persons with Disabilities (Equal Opportunities
Protection of Rights and Full Participations) Act
drivers
would be putting premium to their disability which is not the
mandate of the Disability Act.
19. There is merit in the submission ... provisions of
Section 47 of the Act. The Act does not anywhere
say that the person disabled during his service be
given better emoluments
cent ( %) to candidates suffering from locomotor (sic. locomotory) disability. The two provisions of the Disabilities Act referred to by the Respondents are reproduced for facility ... general guidelines for evaluation and assessment of various disabilities specified in Section 2 of the Disabilities Act. Rule 4 of the Disability Rules which
disability, suffered by the petitioner, is a
"locomotor disability" for the purposes of the Rights of Persons with
Disabilities Act, 2016 (hereinafter referred ... disability. "Specified disability"
was, in turn, defined in Section 2(zc) as meaning a disability
specified in the Schedule to the RPWD Act
word „disability‟ under Section 2(i) specifically
includes locomotor disability without drawing any distinction between
the disability of lower limbs and disability of upper limbs ... exclude certain disabilities including locomotor disability of upper limbs
from the purview of Section 39 of the Disabilities Act. The law is well
settled that
condition, the petitioner says, is described as "locomotor
disability" under the Disabilities Act which entitles him to benefits
under that law, especially Section ... advertised
posts for disabled candidates in terms of the 3% quota under the
Disabilities Act and not fill it up in the present recruitment process
Full Participation) Rules, 1996 (Disabilities
Rules) prescribing the authorities entitled to issue a Disability
Certificate. It is urged that no Disability Certificate ... Act and
hence an establishment within the meaning of Section 2(k) of the Act and
the provisions of Section 47 of the Disabilities Act
amputation. If these factors are absent
in locomotor disability including specified disability and having 40% - 80%
disability, then only the candidate will be entitled ... guidelines
regarding admission of students with disabilities under
the Rights of Persons with Disabilities Act 2016 for
admission to MBBS course. Note
Disabilities facing
Criminal Trial: Constitutional Duty of the Courts .................................... 14
ROLE OF COURTS IN ELIMINATING DISABILITY
DISCRIMINATION ....................................................................................... 15
RIGHTS OF PERSONS WITH DISABILITIES ACT ... that the
equality guaranteed to persons with disabilities through enactment of
Rights of Persons with Disabilities Act, 2016 has to be substantive and
not formal
Persons with Disabilities Act, 2016 (Act 49 of
2016) was enacted to implement the principles for empowerment of
persons with disabilities as laid down ... disabled.
57. In para 22 of Rajive Raturi, the Supreme Court has noted the
provisions under the Rights of Persons with Disabilities Act