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ITEM NO.5 COURT NO.7 SECTION X

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

Writ Petition(s)(Civil) No(s). 98/2012

JEEJA GHOSH & ANR. Petitioner(s)

VERSUS

UNION OF INDIA & ORS. Respondent(s)

(With office report)

(For final disposal)

Date : 24/03/2015 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE RANJAN GOGOI

HON'BLE MR. JUSTICE N.V. RAMANA

For Petitioner(s)

Mr. Colin Gonsalves,Sr.Adv.

Ms. Divya Tyoti Jaipuriar,Adv.

Mr. Avi Singh,Adv.

Ms. Jyoti Mendiratta,Adv.

For Respondent(s)

Mr. P.S. Patwalia,ASG

Ms. Binu Tamta,Adv.

Ms. Kiran Bhardwaj,Adv.

Mr. B. Krishna Prasad,Adv.

Mr. Abhishek Sharma,Adv.

Mr. M. R. Shamshad,Adv.

UPON hearing the counsel the Court made the following

O R D E R

This writ petition has been filed seeking

inter alia a direction to the respondents to follow

the Civil Aviation Requirements(CAR) dated 1^st May,

2008 with regard to carriage of persons with

disabilities by air. During the pendency of the writ

petition as the CAR in force was considered to be

somewhat inadequate in coverage. A Committee headed

Digitally signed by

Madhu Bala

Date: 2015.03.25

14:08:43 IST

Reason:

Signature Not Verified

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by one Shri Ashok Kumar was constituted by Ministry

of Civil Aviation, New Delhi, to look into the

matter and submit its recommendations. The Ashok

Kumar Committee made its recommendations in October

2012, a copy of which is available on record. During

the pendency of the writ petition, CAR dated

28.02.2014 has been published which is stated to be

presently holding the field. According to the

learned counsel for the petitioners the aforesaid

CAR dated 28.02.2014 omits some of the vital

recommendations made by the Ashok Kumar Committee

and therefore, learned counsel has prayed for leave

to amend the writ petition insofar as the prayer

made therein is concerned.

Considering the issue that arises in writ

petition, Shri P.S. Patwalia, learned Additional

Solicitor General has fairly submitted that the

Court may go into the necessity of implementation of

specific terms of the recommendations of the Ashok

Kumar Committee without any formal amendment. Shri

Patwalia has further submitted that he may be given

some time to respond to the specific areas of the

report of the Ashok Kumar Committee which, according

to the petitioner, are not covered by the CAR dated

28.02.2014. In this regard, it may be observed that

a compilation has been submitted by the petitioner

indicating, 24 different areas where such deficiency

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in the CAR of 2014 exist. Copy of said compilation

has been made available to Shri Patwalia. In the

aforesaid circumstances, the Union of India is

directed to indicate its response to the above

within a period of four weeks from today.

Thereafter, the matter will be considered again.

Registry is directed to list the case on 21^st

of April, 2015.

(MADHU BALA)

(ASHA SONI)

COURT MASTER

COURT MASTER