Komal Kumar (On Brhsf Of Minor Son Ajay Ajwani) v. Union Of India And ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 10729/2017 KOMAL KUMAR (ON BRHSF OF MINOR SON AJAY AJWANI) ..... Petitioner Through:

Mr Rohan Alva, Mr Reshabh Bajaj, Mr Ankit Koushal and Mr Sushant Singh, Advocates.

versus UNION OF INDIA AND ANR.

..... Respondents Through:

Mr Nikhil Goel, Standing Counsel with Mr Dushyant Sarna, Advocate.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 17.05.2019 1.

The petitioner has filed the present petition on behalf of his son who is stated to suffer from dyslexia, which is one of the Specific Learning Diseases. The petitioner was aggrieved on account of specific guidelines for evaluation and procedure for certification of disability in cases of Specific Learning Disabilities, including dyslexia. The petitioner states that although Specific Learning Disabilities are recognised as disabilities under the Rights of Persons with Disabilities Act, 2016, however, there is no method or criteria fixed for ascertaining the percentage of disability in such cases. 2.

The learned counsel appearing for respondents states, on instructions, that as per the Disability Assessment Guidelines notified on 05.01.2018, NIMHANS battery has been prescribed as the diagnostic tool for assessing the degree of Specific Learning Disabilities. He further states that anyone who is found positive as per NIMHANS battery, his/her disability would be

considered as 40% and such person would be eligible for attendant benefits. He submits that in this view, all that is required is to assess whether the petitioner's son suffers from any Specific Learning Disability. 3.

The learned counsel had also handed over a Circular dated 02.05.2019 which specifies the institutions where such disability can be assessed as well as the certifying authority in such institutions. 4.

In view of the aforesaid statement, the grievance of the petitioner stands addressed and the petition is disposed of. 5.

Order dasti under signatures of the Court Master. VIBHU BAKHRU, J MAY 17, 2019 RK