Mukul Ahlawat vs Union of India and Others

Sanjay Kishan Kaul, C.J.—The petitioner seeks to assail the Appendix-III to the guidelines for disabilities issued by the Ministry of Social Justice and Empowerment in terms whereof a one-eyed person having 6/6 vision in one eye is to be assessed as 30% impaired. In order to be eligible under the category of persons with visual disability, the minimum requirement under The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, is 40% disability. The say of the petitioner, thus, is that despite one-eyed person, he is not being given the benefit under the said Act. In our view, the aforesaid can be no reason itself to challenge either the guidelines or the provisions of the Act. Undoubtedly, it is a beneficial piece of legislation and as per international norms the criteria have been laid down under the said Act. The guidelines have been made as per experts in the field. It will not be appropriate for the court to substitute its opinion with that of the experts.

We have pointed out to learned counsel for the petitioner that there are numerous examples of one-eyed persons who performed the full task from late Mansoor Ali Khan Pataudi, who captained the Indian Cricket Team, to General Tapishwar Narain Raina, who was the General, In-charge of the Army, both one-eyed persons. In view of the aforesaid, we are not inclined to exercise jurisdiction under Article 226 of the Constitution of India.

Dismissed.