JUDGMENT

A.K. Sikri (Acting Chief Justice)

1. Army Wives Welfare Association ('AWWF' for brevity) is a voluntary and Non-Government Organization (NGO) established with an intention to carry out charity. It started a school for handicapped children of Army Personnel known as "Asha school". Some funding is provided to this school by the Ministry of Social Justice and Empowerment, Government of India (appellant herein). In this behalf, the appellants have issued guidelines in the year, 1999 which stated that DD Division of the Ministry has been administering four NGO Schemes, viz., "Scheme to Promote Voluntary Action Persons with Disabilities" ('scheme' in short) since 1992-93 and in order to broaden the objective of the Scheme and to make it in consonance with the provisions of The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1955 [hereinafter referred to as 'Disabilities Act'], all these Schemes have been merged into one umbrella scheme with effect from 20.1.1999. Some of the salient features of the Scheme are as under:

"Introduction

1.0 The enactment of the people with Disabilities, Equal Opportunities and protection of Rights Act of 1995 is a landmark legislation and an expression of India's commitment to social justice.

The Scheme of the Ministry of Social Justice & Empowerment, Government of India, simplifies and facilities procedure for easy access to Government support for NGOs with the aim to widen the scope and range of programmes. It will address the unmet needs of the over 95% Indian citizens with disabilities who have not had access to services so far.

2.0 The objectives of the Scheme:

- To ensure effective implementation of the Act.

- To encourage voluntary action.

- To create enabling environment.

- To ensure equal opportunities, equity and social justice to persons with disabilities.

- To empower persons with disabilities.

- To implement outreach and comprehensive Community Based Rehabilitation programmes in urban and rural environments.

- To enhance education opportunities at all level and in all forms.

- To enlarge the scope of vocational and professional opportunities, income generation and gainful occupations.

- To support all such measures as may be necessary for promoting formal as well as non-formal employment and placement opportunities.

- To support people with disabilities in projects which are environment friendly and Eco promotive.

- To support effort to ensure protection of human, civil and consumer rights to persons with disabilities.

- To support legal literacy, including legal counseling, legal aid and analysis and evaluation of existing laws.

- To support the development publication and dissemination of information documentation and training materials.

- To support the conduct of surveys and other forms of epidemiological studies.

- To support (a) construction and maintenance of buildings, (b) furniture and fixtures, and (c) installation and maintenance of machinery and equipment.

- To support and facilitate the availability of appropriate housing, homes and hostel facilities.

- To establish and support facilities for sport, recreation, leisure-time activities, excursions, creative and performing arts, cultural and socially inclusive activities.

- To promote research in various development areas, innovative strategies, assistive devices and enabling technologies and support production of such devices ensuring quality control.

- To support manpower development activities to train required personnel at different levels for all programmes/projects/activities for persons with disabilities.

- To set up well equipped resource centres at different levels.

- To promote and support the development of self-help groups, parent organizations and independent living.

- To encourage coordination, cooperation and networking and multi-sectoral linkages.

- To support such other measures, which may meet the needs of the persons with disability and fulfil the obl