Page No.# 1/6 GAHC010111222025 2025:GAU-AS:7675 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2972/2025 SHRI HEM CHANDRA SARMA SON OF LATE BRAJA NATH SARMA, RESIDENT OF HOUSE NO. 263, MALAY NAGAR, PWD CHOWK, NEAR AEC CAMPUS, P.O AND P.S. JALUKBARI, GUWAHATI-781013, DISTRICT-KAMRUP (M), ASSAM. VERSUS THE UNION OF INDIA AND ORS REPRESENTED BY SECRETARY, GOVT. OF INDIA, DEPARTMENT OF SOCIAL JUSTICE AND EMPOWERMENT, SHASTRI BHAWAN, C-WING, DR. RAJENDRA PRASAD ROAD, NEW DELHI-110011. 2:THE STATE OF ASSAM REPRESENTED BY SECRETARY GOVERNMENT OF ASSAM DEPARTMENT OF SOCIAL WELFARE DISPUR GUWAHATI781006 3:ASSAM STATE LEGAL SERVICES AUTHORITY ADJACENT TO GAUHATI HIGH COURT NEW BUILDING GUWAHATI- 781001 Advocate for the Petitioner : MR S P DAS, MR G JALAN,MR. ANGSHUMAN DEKA,MS C BORA,MS. S BAISHYA Advocate for the Respondent : GA, ASSAM, MRS. R S CHOWDHURY, SC, ASLSA,DY.S.G.I. Page No.# 2/6 BEFORE HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER 12-06-2025 1. Heard Mr. G Jalan, learned counsel for the petitioner. Also heard Mr. D.Nath, learned Senior Government Advocate, Assam for the respondent Nos. 1 & 2 and Ms. R.S.Chowdhury, learned Standing counsel, Assam State Legal Service Authority for the respondent No.3. 2. The present writ petition is filed by the petitioner, with a prayer that he should be appointed as guardian of his son for limited purpose of defending his son in a matrimonial dispute, inasmuch as, according to the petitioner, his son has been medically incapacitated since 06.05.2024, due to brain stroke. According to the petitioner, his son has been diagnosed with Temporal AVM (Arteriovenous Malformation) Rapture, with Cachexia, Quadriplegia and Spasticity having GCS of E4 V4 M6, confused and no- ambulatory on foley catheter. 3. It is on record that the daughter-in-law of the petitioner had preferred an application under Section 13(1), (ia) & (ib) of the Hindu Marriage Act, 1955 read with Section 7(1) of the Family Courts Act, 1984, which is registered as F.C. (Civil) Case No. 171/2025 and is presently, pending for disposal before the learned Principal Judge, Family Court No. 2, Kamrup (M), Guwahati. Notice has been received by the petitioner on behalf of his son and the petitioner had also appeared before the learned Family Court on behalf of his son and therefore, the present application is filed seeking limited guardianship as recorded hereinabove. 4. Ms. Chowdhury, learned counsel contends that guardian for limited purpose can be appointed, under the provisions of the Rights to Persons with Disabilities Act, 2016 Page No.# 3/6 (hereinafter referred to as the Act, 2016) and the rules framed thereunder by the State of Assam, namely, the Right of Persons with Disabilities (Assam) Rules, 2019 (hereinafter referred to as the Rules, 2019) and therefore, the petitioner may approach the jurisdictional District Level Committee on disability constituted under the aforesaid Act, 2016 and the Rules, 2019. 5. Heard the learned counsels for the parties. As agreed to by the learned counsels for the parties, this matter is taken up for final consideration at the motion stage itself, more particularly, the urgency of the petitioner. 6. Under the Rule 2(h) of the Rules, 2019, a dependent is defined as anyone, including a person over the age of 18 years, who is unable to care for or support himself or herself, physically, financially, in decision making and/or in terms of looking over their general wellbeing and look for such care and/ or support from another. 7. Chapter III of the Rules, 2019, deals with the appointment of limited guardianship. In terms of Rule 8 (1) of the Rules, 2019, a District Court or any Authority designated by the State Government is empowered to grant limited guardianship to a person with disability to take legally binding decision as per Section 14(1) of the Act, 2016.Section 14 (1) of the Act, 2016, provides for appointment of limited guardianship to take legally binding decision on behalf of the disable person. Such power is conferred upon a District Court or any designated Authority as may be notified by the State Government. 8. Rule 24 of the Rules, 2019, provides for constitution of the District Level Committee on disability referred to in Section 72 of the Act, 2016 and Rule 25(1) of the Rules, 2019, details the function of such District Level Committee. Clause (d) of the aforesaid Rule 25(1) empowers such committee to function as District Level Authority for appointment of limited guardianship for person with disabilities as provided in Rule 8 of the Rules, 2019. 9. Section 2(s) of the Act, 2016, defines “ person with disability” as a person with long term physical, mental, intellectual or sensory impairment which, in interaction with barriers, hinders his full and effective participation equally with others in a society. Section Page No.# 4/6 2(zc), defines, “specified disability” as disabilities specified in the Schedule of the Act, 2016. 10. Thus from the aforesaid, it is seen that there is provision under the Act, 2016 and the Rules, 2019 as regards the appointment of limited guardianship, as per procedures prescribed and as recorded hereinabove. There is also prescription in the Rules, 2019 as regards the form of application for appointment of such guardianship. This Court is of the unhesitant view, as is discernible from the provisions of law and recorded hereinabove, that the District Level Committee notified under Rule 24 of the Rules, 2019, shall be the competent authority to decide on this aspect, i.e., standard/level of disability of the son of the petitioner and appointment of limited guardianship. 11. It is also brought on record by Mr. D. Nath, learned Senior Government Advocate, Assam that by a Notification dated 28.06.2023, while notifying for constitution of District Level Committee, has also been prescribed formation of an Assessment Board, under the Chairmanship of the Joint Director of Health Services of the District, or his representative, not below the rank of Sr. Medical and Health Officer, so as to assess such disability for the purpose of appointment of guardianship. 12. Thus, in the aforesaid backdrop of availability of due procedure and expert body to determine the status of disability for the purpose of limited guardianship and this Court not having much expertise in this regard, should restraint itself from exercise of its extraordinary jurisdiction to appoint limited guardianship under the principle of parents patria, more particularly, in the given fact of the present case. 13. The appointment of such limited guardianship, if so granted, shall be used and limited only for the purpose of representing the son of the petitioner in the proceeding of F.C. (Civil) Case No. 171/2025, inasmuch as, no limited guardianship, can be granted beyond the aforesaid, in absence of the daughter-in-law of the petitioner being made a party to the present proceeding, inasmuch as, in absence of details of assets and liabilities of the son of the petitioner, who is stated to be a businessman. Page No.# 5/6 14. Accordingly, in view of the reasons recorded hereinabove, the writ petition is disposed of with the followings directions:- (i) The petitioner is permitted to file an application before the District Level Committee of Kamrup (M), District as per Form-II appended to the Rules, 2019, (ii) On filing of such application, the District Level Committee, within five days from the date of receipt of such application, shall get the assessment of the son of the petitioner done by the Assessment Board as prescribed under Notification No.SJED/E- 325341/05dated 8.06.2023, more particularly, under paragraph 9, (iii) By visiting the house of the petitioner, the Assessment Board shall make the assessment, inasmuch as, according to the petitioner, the son of the petitioner cannot be moved from his bed as at present. (iv) The Assessment Board shall thereafter, within five days from the date of assessment, submit their opinion/ report before the District Level Committee, Kamrup (m). (v) On receipt of such opinion/report from the Assessment Board, the District Level Committee, Kamrup (m) shall, within a period of five days, take a decision in this regard, i.e., for appointment of limited guardianship of the son in favour of the petitioner. Page No.# 6/6 15. The instant writ petition stands disposed of in terms of the determinations made hereinabove. The parties to bear their own costs. 16. Copy of this order be furnished to Mr. D. Nath, learned Senior Government Advocate, Assam. JUDGE Comparing Assistant