The central legal point established in the judgment is the obligation of the State Government to effectively implement the legal provisions related to education, skill development, and employment opportunities for persons with disabilities as outlined in the Acts of 1995 and 2016.

1. In the meeting to launch the Asian and Pacific Decade of Disabled Persons, 1993-2002, a proclamation was adopted on 05.12.1992 at Beijing (China) for full participation and equality of people with disability in the Asian and Pacific region. India being a signatory to the proclamation aforesaid considered it necessary to have an enactment for implementation of proclamation, accordingly, the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full participation) Act, 1995 was enacted. The Act aforesaid came into force on 01.01.1996

2. As per provisions of the Act of 1995, the appropriate Government was supposed to take various initiatives to ensure full participation of the people with disabilities and further to ensure their equality with other members of Society.

3. Chapter V of the Act of 1995 pertains to Education and according to that appropriate Government as well as local authorities were supposed to provide children with disabilities free education and several other amenities. The appropriate Government and local authorities under the Act of 1995 were further supposed to have different schemes pertaining to effective and adequate formal as well as non-formal education and further to have assistive devices for teaching and other aids for the persons with disabilities.

4. The petitioner, a father of disabled child, as defined under the Act of 1995 preferred the instant petition for writ for the reliefs as follows:

“a. Call for information, record, data of the Government to explain how the budget allocation to aforesaid purpose is being spent, and

b. Direct State to maintain ratio of specially trained qualified teachers to disabled children in the ratio of 1:8, and

c. Direct State to further train adequate number of such special teachers in order to meet the requirements of law and to abide by the objects of the Act of 1995, and

d. Direct for creation of separate department/ministry in the State of Rajasthan, and

e. Direct that advertisement of vacancies of such specially trained teachers be made with alongwith that of general teachers, and

f. Direct State Government to make suitable further budget allocations to fully meet the objects and purpose of relevant legislations, and

g. Any other appropriate writ, order or direction which the circumstances of the case may warrant be also passed in the favour of the petitioner; and

h. The petitioner may be awarded the costs of this Writ Petition.”

5. During pendency of the writ petition, this Court by different orders demanded several information’s and also directed the State Government to have effective implementation of the provisions of the Act of 1995. It is brought to our notice that the Act of 1995 has now been repealed on introduction of the Rights of Persons with Disabilities Act, 2016. The Act aforesaid is enacted by the Parliament to give effect to the United Nations Convention of the Rights of Persons with Disabilities and for matters connected therewith or incidental thereto. This Act intends to execute the principles laid down under the United Nations Convention for empowerment of persons with disabilities and those are as follows:

“(a) respect for inherent dignity, individual autonomy including the freedom to make one's own choices, and independence of persons;

(b) non-discrimination;

(c) full and effective participation and inclusion in society;

(d) respect for difference and acceptance of persons with disabilities as part of human diversity and humanity;

(e) equality of opportunity;

(f) accessibility;

(g) equality between men and women;

(h) respect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to preserve their identities.”

6. As per the Act aforesaid, the appropriate Government is required to have several initiatives to ensure all the principles laid down by the United Nations Convention to empower the persons with disabilities. Under this Act, the appropriate Government is required to pr