Re: Review Application No. 87350 of 2007

By the Court.—This is a review application filed by the respondent -applicants to review the judgment and order dated 21.9.2006, passed by the Full Bench of this Court.

2. Sri R.A. Pandey, learned Counsel for the applicants in support of the review application submitted that three writ petitioners; i.e. Gyanendra Singh, Inder Deo Oraon and Ishu Narayan were suffering from major disability and were discharged in category-5 hence, it was not a case of minor disability or disability of less than 40% so as not to attract the provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. He submits that notification dated 28.3.2002 issued by the Central Government in exercise of proviso to Section 47 of 1995 Act, was rightly quashed by learned Single Judge and the appellate Bench (Full Bench) erred in holding that it was not necessary to inter into merits of the validity of the notification in the appeal. He submits that it was necessary for the appellate Bench to pronounce over the validity of the said notification. Elaborating his submissions, Mr. Pandey submits that notificatio