JUDGMENT :

PANKAJ BHATIA, J.

1. Heard Shri Rajeiu Kumar Tripathi and Shri Diwakar Singh Gautam learned counsel(s) for the petitioner and Shri S.B. Pandey, learned Senior Advocate and D.S.G.I. assisted by Shri Anand Dwivedi, learned counsel for respondent nos.1 to 4; Shri Gyanendra Kumar Srivastava, learned counsel for respondent no.5; Shri Manish Kumar Srivastava, learned counsel for respondent no.6 and Shri Vikas Rai, learned counsel for respondent no.7.

2. Present petition has been filed by the petitioner who is suffering from benchmark disability as defined under the provisions of the Rights of Persons with Disabilities Act, 2016 (hereinafter referred to as "Act"). The claim of the petitioner is that the petitioner is suffering from benchmark disability as defined under Section 2 (r) of the Act which is quoted hereinbelow:

“2. Definitions.—In this Act, unless the context otherwise requires,—

…

(r) “person with benchmark disability” means a person with not less than forty per cent of a specified disability where specified disability has not been defined in measurable terms and includes a person with disability where specified disability has been defined in measurable terms, as certifie