1. Petitioner was in Army service. He was put under Low Medical Category in the year 1991 but on humanitarian ground allowed to continue in service till he completed 15 years of service, which entitles him to pension on discharge. He was accordingly relieved on ground of Low Medical Category on 31 st August, 2004. Petitioner has challenged this on the ground that in terms of the provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Protection) Act, 1995, he could not be discharged and in terms of the judgment of the Apex Court in the case of Kunal Singh Vs. Union of India since reported in (2003) 4 SCC 524, he had to be adjusted in some other proper position. He has sought direction in this regard from this Court.

2. It is further submitted on behalf of the petitioner that in spite of disability, respondents got useful work from him for over 13 years then what was the necessity of discharging him now. The same nature of work still be taken, which could support the petitioner and his family members fully.

3. On the other hand, learned counsel for the Army submits that person of Low Medical Category are not desirable persons in the A