1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR Writ Petition No. 4755 of 2009 1] Gulam Mustafa Khan s/o Lal Khan, Aged about 69 years, R/o Nawab Pura, Near Yusuf Kirana, Old City, Akola. 2] Sarfaraza Khan s/o Gulam Mustafa Khan, Aged about 35 years, R/o Nawab Pura, Near Yusuf Kirana, Old City, Akola. ......PETITIONERS ...VERSUS... 1] State of Maharashtra, by its Secretary, Public Health Division, Mantralaya, Mumbai 2] Deputy Director, Health Services, Akola Division, Akola. ......RESPONDENTS =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office Notes, Office Memorandum of Coram appearances, Court's orders of directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-==- Mr. B.M.Khan, Advocate for the Petitioners. Mr. A.S.Fulzele, A.G.P. for respondents. C ORAM : D.B.BHOSALE ; and PRASANNA B. VARALE, JJ. DATED : 9th August, 2010. Heard learned counsel for the petitioners. By this writ petition, the petitioners are seeking direction to the respondents to extend the benefits provided under Chapter VIII of The Persons with Disabilities (Equal 2 Opportunities, Protection of Rights and Full Participation) Act, 1995 (for short “the Act”). The State has filed reply affidavit and stated that petitioner no.1 had suffered heart attack and he was on long leave from 12/4/1996 till February, 1997. When petitioner no.1 went for joining duty, he was referred to the Medical Board, which declared him medically unfit by issuing certificate dated 05/4/1997. The certificate dated 05/4/1997 is placed on record. It is on the basis of this, learned counsel for the petitioners submitted that petitioner no.1 falls within the definition of “person with disability” as defined by Section 2(t) of the Act. The person with disability under this provision means a person suffering from not less than forty per cent of any disability as certified by a medical authority. Section 2(i) of the Act defines ‘disabilities’, which means (a) blindness ; (b) low vision; (c) leprosy-cured ; (d) hearing impairment; (e) locomotor disability ; (f) mental retardation; and (g) mental illness. We have perused the certificate dated 05/4/1997 and in our opinion, petitioner no.1 does not fall in any of these categories. The petitioners have neither stated in the writ petition nor placed any material on record to show that petitioner no.1 falls within the definition of ‘disability’ and/or he suffers from not less than 40% of any disability. In the circumstances, in our opinion, the petitioners are not entitled for any benefits under this Act and hence, the petition is dismissed. JUDGE JUDGE 3 Diwale