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:

Delhi HC - JNU should work out the mandate of the RPWD Act, so that every person with disability, who qualifies get admission. [Judgement Included]

Court: Delhi High Court

Bench:  Hon'ble The Chief Justice  and Hon'ble Mr. Justice V. Kameswar Rao

Case No.: W.P.(C) 3817/2018

Case Title: National Federation of Blind Vs. Union of India

Date of Judgement: 12 Nov 2018

Cases refereed:

• Sambhavana v. Union of India and Ors. W.P.(C) 3919/2014 decided on March 4, 2015;
• Students Federation of India and Ors. v. Union of India and Ors. W.P(C) 3032/2017 decided on October 1, 2018 
• and the Supreme Court in the cases of Justice Sunanda Bhandare Foundation v. Union of India (UOI) and Ors. (2017)14 SCC 1; Union of India and Ors. v. National Federation of Blind and Ors. 2013 10 SCC 772,

Brief:

The petition is filed seeking relief that the selection to M.Phil / Ph.D and Ph.D. courses in respondent Jawahar Lal Nehru University (JNU) has to be on relaxed standards and on the basis of the marks obtained both in written examination and viva-voce.

The bench observed that, "We cannot ignore the fact that Dharamveer Yadav despite qualifying the selection process could not get admission as there was only one reserved seat for a disabled candidate and not two. Also, we find that many reserved seats, at least 15 have gone waste as no person with disability could get qualified, against the said seats. In such an eventuality and in peculiar facts of this c ase, the Court is of the viewthat the Respondent No.3 shall increase the intake to 8 in the “Comparative Political Theory” stream, which shall be supernumerary, which shall get lapsed after Dharamveer is awarded the degree. His admission shall also consume one seat of the unfilled seats reserved for PWD, which could not be filled for want of candidates".

The further observed, "That apart, this court is of the view that the respondents cannot dilute the mandate of the Section 32 of the Disabilities Act, and reduce the reservation to less than 5%." 

The bench clarified, "It is for the University to work out the mandate of the Act, so that every person with disability, who qualifies get admission. But in no case they can violate the mandate."

Read the judgement below:

Supreme Court: MCI Expert Committee's opinion cannot be allowed to override a statutory provision mandating medical institutions to provide 5% reservation to persons with disabilities.

Court: Supreme Court of India

Bench: Hon'ble Justice Arun Mishra and Hon'ble Justice Indira Banerjee

Case No: WRIT PETITION (C) No. 669 OF 2018

Case title: Purswani Ashutosh (Minor) Through Dr. Kamlesh Virumal Purswani Vs Union of India & Ors

Date of Judgement: 28 Aug 2018

Brief:

The Petitioner, who appeared for the NEET UG Examination for the 2018-19 session was denied benefit of reservation for persons with disabilities, despite having low vision impairment and being eligible for 5% reservation for specific benchmark disability under the RPwD Act, 2016 and MCI's Medical Education Regulation 4(3). 

An MCI expert committee determined that individuals with a visual impairment below 40% would not be admitted to the MBBS course.  Aggrieved by this he approached the Court.

The question which arises in this writ petition under Article 32 of the Constitution of India is, whether a person with benchmark disability of low vision, within the meaning of Section 2(r), read with Clause 1B of the Schedule, of the Rights of Persons with Disabilities Act, 2016 can be denied the benefit of reservation for admission to the MBBS Medical Course.

The court said that the argument of MCI that Section 32 is not attracted since it only provides for reservation to higher educational institutions and not to technical institutions imparting technical education, appears to be fallacious since higher educational institution is a generic term which would include institutions imparting all kinds of higher education, including technical education, whereas technical institution is a specific term for those institutions which only impart technical education.

The court, rejecting the opinion of the committee, held that its opinion cannot be allowed to override a statutory provision (Medical Regulations) mandating medical institutions to provide 5% reservation to persons with disabilities. It held that the RPwD Act, 2016 as well as Medical Regulations by MCI was binding on the institution and thus no expert committee's opinion could be given primacy over the same. Thus, it held that the petitioner cannot be denied admission if he qualifies as per his merit in the category of persons with disabilities.

Judgement: