Delhi HC- We expect the JNU to continue complying with the provisons of 5% reservation in Higher Education under RPWD Act 2016 in future too.

Court: Delhi High Court

Bench: Hon'ble Chief Justice D.N. Patel, and Hon'ble Mr. Justice Prateek Jalan, 

Case No.: W.P.(C) 3471/2020

Case Title: Javed Abidi Foundation Vs. Union of India & Ors.

Date of Judgement: 06 November 2020

Cases Referred:   

• W.P.(C) 3817/2018  titled National Federation of Blind v. Union of India & Ors. [2018 SCC Online Del 12367]
• Justice Sunanda Bhandare Foundation v. Union of India & Anr.; [(2017) 14 SCC 1]

Act: The Rights of Persons with Disabilities Act 2016

Brief of the case 

The petitioner challenges the inaction of  Jawaharlal Nehru University in implementing the Rights of Persons with Disabilities Act, 2016 (hereinafter referred to as “the Act, 2016”), whcih provides that  minimum 5% reservation should be maintained for students with benchmark disabilities in Higher Education Institutions, whereas Jawaharlal Nehru University is not maintaining the aforesaid minimum percentage of reservation in the Admission Process of the students in various schools/centres.

Petitioner also cited W.P.(C) 3817/2018  titled National Federation of Blind v. Union of India & Ors. in which the Delhi HC court had remarked that University cannot violate the mandate of the law.

However, the Jawahar Lal University assured the Court that the procedure and mechanism of clubbing will be publicised in detail in subsequent academic years, to ensure that candidates are fully aware of the provisions and able to decide which schools and courses to apply to. Having gone through the facts and reasons, the Court felt that Jawaharlal Nehru University is complying with the provisions of the Rights of Persons with Disabilities Act, 2016 in prescribing and in giving reservations in admission to various schools in Jawaharlal Nehru University. And the court expect from the respondent No.3 – Jawaharlal Nehru University that they shall maintain minimum 5% reservation for the persons with disabilities in accordance with the provisions of the Act, 2016 in future also. 33. 

The court diposed off the petition saying, "We see no reason to give any further directions in this writ petition and the same is therefore disposed of with the above observations."

Read the order below: