Patna High CourtCWJC/5228/2017disposed

Deepak Kumar v. The Union Of India And ORS

2017-07-27The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5228 of 2017 =========================================================== Deepak Kumar, son of Parmanand Thakur, resident of Village-Bhusaula Danapur, P.O.-Mubarakpur, P.S.-Phulwari Sharif, District-Patna .... .... Petitioner/s

Versus

1. The Union of India through the Secretary, Department of Social Justice & Empowerment, Government of India, Delhi

2. State of Bihar through its Chief Secretary, Government of Bihar, Patna

3. The Chief Secretary, Government of Bihar, Patna

4. The Principal Secretary, Department of Social Welfare, Government of Bihar, Patna

5. The Principal Secretary, Department of Health & Family Welfare, Government of Bihar, Patna .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Vikash Kumar Pankaj For the Respondent/s : Mr. KAUSHAL KUMAR JHA- AAG8 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 27-07-2017 Inter alia contending that disability certificates in accordance with the statute are not being issued within the time limit prescribed in the notification No. 966 dated 13.05.2010 and in certain cases, it takes more than ten months for issuance of disability certificate, which, adversely affects the rights of a person entitled for the certificate under the Rights of Persons with Disabilities Act, 2016. Seeking a mandamus to the parties to issue the disability certificate within a time frame as contained in notification, this petition has been filed.

Patna High Court CWJC No.5228 of 2017 dt.27-07-2017 2/2 Keeping in view the aforesaid grievance of the petitioner, respondent Nos. 2 to 5 are directed to look into the grievance of the petitioner and issue necessary instructions to the concerned authority to ensure issuance of the disability certificate within a time frame as prescribed.

With the aforesaid, the application stands disposed of.

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) Shageer/- AFR/NAFR NAFR CAV DATE NA Uploading Date 01/08/2017 Transmission Date NA