NCLAT: Can’t Dismiss Restoration App. if Filed in 30 Days from Date of Dismissal of Original App.  ||  Delhi HC: Communication between Parties through Whatsapp Constitute Valid Agreement  ||  Delhi HC Seeks Response from Govt. Over Penalties on Petrol Pumps Supplying Fuel to Old Vehicles  ||  Centre Notifies "Unified Waqf Management, Empowerment, Efficiency and Development Rules, 2025"  ||  Del. HC: Can’t Reject TM Owner’s Claim Merely because Defendant Could have Sought Removal of Mark  ||  Bombay HC: Cannot Treat Sole Director of OPC, Parallelly with Separate Legal Entity  ||  Delhi HC: Can Apply 'Family of Marks' Concept to Injunct Specific Marks  ||  HP HC: Can’t Set Aside Ex-Parte Decree for Mere Irregularity  ||  Cal. HC: Order by HC Bench Not Conferred With Determination by Roster is Void  ||  Calcutta HC: Purchase Order Including Arbitration Agreement to Prevail Over Tax Invoice Lacking it    

Directorate of Education & Anr. v. Mr. Karam Vir Singh Rangi & Ors. - (High Court of Delhi) (11 Jan 2017)

Authorities acting under Persons with Disabilities Act, 1995, have no power like a Court to pass judgment including directions in nature of injunction

MANU/DE/0071/2017

Civil

By present writ petition, Petitioners, including Petitioner no. 1/Directorate of Education impugns order of Chief Commissioner for Persons with Disabilities by which Commissioner of Disabilities has passed various directions against present Petitioners. Directions were passed against present petitioners in view of a complaint filed by six complainants before Chief Commissioner for Persons with Disabilities and which persons have been arrayed as Respondent nos. 1 to 6 in this petition.

Issue in question is no longer res integra and has been decided by Supreme Court in its judgment in case of State Bank of Patiala and Others vs. Vinesh Kumar Bhasin. Supreme Court in its judgment holds that, authorities acting under Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, have no power like a Court to pass judgment including directions in the nature of injunction, etc.

In view of above, since Respondent no. 7, Chief Commissioner Acting under Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act has no power to pass impugned order, this writ petition is allowed setting aside the same.

Tags : AUTHORITY   POWER   SCOPE  

Share :        

Disclaimer | Copyright 2025 - All Rights Reserved