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2004 Supreme(Del) 274

SANJAY KISHAN KAUL, MADAN B.LOKUR
RAVI KUMAR ARORA – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
Saroj Bidawat, V.P.Chaudhary

SANJAY KISHAN KAUL, J.

( 1 ) THE ingenuity of bureaucratic system can set at naught implementation of the best-intended legislations. Judicial proceedings, which resulted in the legislation of The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 ( hereinafter to be referred to as, the said Act ) are sought to be negated by the ingenuous method of forming one committee after another to identify the posts for the benefit of the persons with disability. The mandate of the Act, which came into force on 07. 02. 1996, is, thus, violated with impunity on the ground that such posts have not been identified for now almost eight years! Persons like the petitioner are, thus, told that they must wait till these committees identify the posts or till deluge, whichever may be later.

( 2 ) IT is no answer to the persons with disability to be told that the Government is still not equipped and ready with the identified posts. They have waited enough and as Gabrielle Mistral said,

" Right now is the time, his bones are being formed, his blood is being made and his senses are being developed. . . to him, we cannot answer tomorrow . His name is t































































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