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Bharathvarun – Appellant
Versus
Assistant Primary Educational Officer, Office of the Assistant Primary Educational officer, Kadaladi – Respondent
JUDGMENT :
(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, against the order passed in unnumbered GWOP No.Nil of 2022 on the file of the Principal District Court, Ramanathapuram, dated 07.04.2022.)
1. This Civil Revision Petition is filed against the order dated 07.04.2022 passed by the learned Principal District Judge, Ramanathapuram, in unnumbered petition filed by the petitioner seeking to appoint him as Guardian of the mentally retarded person, Tmt.Jesinthamary, W/o.A.Glittus, under Section 14(1) of Rights of Persons with Disabilities Act, 2016.
2. The petitioner herein filed a petition before the Principal District Court, Ramanathapuram, for appointing him as Guardian of his mother Tmt.Jesinthamary, W/o.A.Glittus, a mentally retarded person, under Section 14(1) of Rights of Persons with Disabilities Act, 2016. The learned Principal District Judge, Ramanathapuram, by order dated 07.04.2022, returned the papers by referring that as per Rule 5 of the Tamil Nadu Rights of Persons with Disabilities Rules 2018, the District Collector is the designated authority as notified by the State Government in G.O.Ms.No.28, Welfare of Differently Abled Perso
The designated authority for appointing guardians under Section 14(1) of the Rights of Persons with Disabilities Act, 2016 is the District Collector, as notified by the State Government.
Rule 8 deals with ‘qualification of person to be appointed as a limited guardian’.
The court interpreted the relevant provisions of the Rights of Persons With Disabilities Act, 2016 and National Trust Act, 1999 liberally to effectuate their purpose and emphasized the formation of t....
The Court clarified the interpretation of the Rights of Persons with Disabilities Act, 2016, emphasizing the broader categorization of disabilities and the duty of the District Collector to consider ....
Court directed timely consideration of the petitioner's application for guardianship without ruling on the case merits.
The Disabilities Act permits only limited guardianship for persons with disabilities, rejecting the notion of permanent guardianship.
Limited guardianship must follow statutory preference for appointment; without proof of disability, the uncle has no standing for guardianship.
Person who is mentally retarded and who has lost his parents cannot be permitted to remain without a guardian for a long period of time and considering the object of the Act, it is imperative on the ....
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