Mohan M. Shantanagoudar, J.

"Kindness is the language, which the deaf can hear and the blind can see", said the 18th century American Writer, Mark Twain. The exclusion of totally blind persons from participating in the tender for distributorship of Liquefied Petroleum Gas (LPG) is under challenge in the writ proceeding. The learned single Judge as per judgment dated 30.05.2016 held the exclusion to be violative of Article 14 of the Constitution, which is under challenge in this writ appeal.

2. The brief facts of the case are as under:

The appellant invited applications for distributionship of LPG at several locations in Kerala, including the location "Kottiyam in Kollam district", which was reserved for Combined Category (CC) applicants belonging to Scheduled Caste (SC). Among other conditions, the selection criteria specifies that "totally blind persons" will not be eligible to apply under the "combined category" and that the minimum dimensions of the godown plot offered by the applicant should be 31 x 36 metres.

The first respondent, the writ petitioner, is a totally blind person. He applied for LPG distributorship under SC(CC) category at Kottiyam, Kollam district. His application has been rejected on two grounds, viz., a) a "totally blind person" is not eligible, and b) the dimension of the godown plot does not satisfy the minimum dimension as prescribed in the notification. Hence, he approached this Court by filing W.P(C) No.29046 of 2013, not only challenging the stipulation specifying the eligibility but also the rejection of his application based on insufficiency of the dimension of the plot.

3. It is not in dispute that the location at Kottiyam in Kollam district was reserved for combined category belonging to Scheduled Caste i.e., SC (CC) category. It is also not in dispute that the first respondent is from the said category and is the only person, who applied from that category. It is also not in dispute that the guidelines for selection of regular LPG distributorship specify that totally blind persons will not be eligible.

The question is "as to whether the specification prescribed under Ext.P3 guidelines for selection of regular LPG distributorship prohibiting the totally blind persons to apply, is a valid one". Clause 6.2.2(b)(I) of Ext.P3 deals with Physically Handicapped (PH) Category, the relevant portion of which reads thus:

"Deaf, Dumb and Blind persons with minimum degree of 40% disability will also be eligible to apply for LPG Distributorship under this category. However, totally blind persons will not be eligible." (emphasis supplied)

4. The aforementioned clause amply makes clear that the deaf, dumb and blind persons with a minimum of 40% degree of disability are eligible to apply for LPG distributorship under PH category. However, totally blind persons are not eligible (We are, in this case concerned with totally blind persons). Whether such exclusion of totally blind persons will fall within the mischief of The persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 and Articles 14, 16 and 21 of the Constitution of India is the issue for consideration.

5. In this context, it is relevant to note the objects and reasons for enacting "The persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995" (hereinafter referred to as, the 'Act' for short). The meeting to launch the Asian and Pacific Decade of the Disabled Persons 1993-2002 convened by the Economic and Social Commission for Asian and Pacific Region, held at Beijing on 1st to 5th December, 1992 adopted the proclamation on the full participation and equality of people with disabilities in the Asian and the Pacific region. India is a signatory to the said proclamation. The proclamation is as under:

1. Proclaims the Asian and Pacific Decade of Disabled Persons, 1993-2002, with a view to giving fresh impetus to the implementation of the World Programme of Action c