Allahabad: The Allahabad High Court today
ruled that physical disability would not result in denial of
license to a person for running a fair price shop just because
the handicap may require him or her to take the help of
friends and family members to do business.
Passing the order, a Division Bench comprising Justice
Sunil Ambawani and Justice K N Pandey said as per the Control
Order, 2004, the transfer of agency or sub-agency has been
prohibited but this does not prevent a disabled person from
taking the help of friends or family members or a hired
employee in running the shop.
The order was passed on a writ petition filed by Muneem
Ahmed who had challenged the benefit of reservation system
being extended to visually impaired persons for grant of
license to run fair price shops.
The petitioner had challenged the reservation policy on
the ground that a blind person could not run a fair price shop
on his or her own and taking the help of others in doing so
was in violation of Clause 26 of the Control Order.
The court, while rejecting the petition, upheld the
validity of reservation for physically disabled persons saying
it was "both a social welfare measure and affirmative action
in consonance with Section 43 of Persons with Disabilities
(Equal Opportunities, Protection of Rights and Full
Participation) Act 1955" aimed at rehabilitating handicapped