Supreme Court · 2013 INSC 373 · Decided 1 July 2013

Pradip Kumar Maity v. Chinmoy Kumar Bhunia & ORS.

Court
Supreme Court of India
Citation
2013 INSC 373 · [2013] 7 S.C.R. 117
Case number
CIVIL APPEAL No. 4820/2013
Decided
1 July 2013
Bench
ALTAMAS KABIR, ANIL R. DAVE, VIKRAMAJIT SEN (3-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Constitution

Headnote

PERSONS WITH DISABILITIES (EQUAL A• B OPPORTUNITIES, PROTECTION OF RIGHTS AND FULL C .PARTICIPATION) ACT, 1995: Section 38 -- Age relaxation vis-a-vis physically handicapped - Appointment of physically handicapped challenged as he had crossed the age prescribed - Held: 0 Expression authority shall formulate schemes for ensuring employment of persons with disability" and "may provide for relaxation of upper age limit" - Connotation of - Where the Legislature uses the words 'shall' and 'may' in close proximity of each other, as in s. 38, word E 'may' cannot

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