Case Summary:
Court noted that during the pendency of the case, the Rights of Persons with Disabilities Act, 2016 has come into force and detailed the provisions available for higher education of persons with disabilities under said act, commenting that the universities are to take note of them. Respondents were advised to follow these newly notified Act in the matter.
Order / Judgement:
In
the Court of State Commissioner for Persons with Disabilities
National
Capital Territory of Delhi
25-
D, Mata Sundari Road, Near Guru Nanak Eye Centre, New Delhi-2
[Vested with powers of Civil Court under the Rights of
Persons with Disabilities Act, 2016]
Case
No. 4/1066/2015-Wel./CD/ 980-982 Dated: 19.07.2017
In
the matter of:
Sh. Sanjay Satpute,
President, the Blind Relief and Handicapped Association,
Pandhurna, District-Chhinwara,
Madhya Pradesh. .………
Complainant
Versus
The Registrar,
Ambedkar University, Lothian Road,
Kashmere Gate, Delhi-110006. ………Respondent
No.1
The Registrar,
Guru Gobind Singh Indraprastha University,
Sector-16 C, Dwarka, Delhi-110078. ……..Respondent No.2
ORDER
Whereas
the above named complainant submitted a complaint dated 16.05.2015 addressed to
the Prime Minister of India which was received through the Office of Chief
Commissioner for Persons with Disabilities vide their letter dated
27.07.2015. The complainant stated that
the Blind Relief and Handicapped Association, Pandhuna, Distt. Chhindwara, M.P.
is dedicated to the welfare of persons with disabilities. As per his
information, reservation in admission of seats is not being provided for
persons with disabilities in higher education (Ph.D).
2. The complaint was taken up with the respondent Universities
under the Govt. of NCT of Delhi vide letter dated 11.09.2015 and notice dated
15.10.2015 followed by reminders. Respondent
No. 1 vide letter dated 29.10.2015 informed that Ambedkar University, Delhi (AUD)
was strictly following the guidelines / instructions issued by Govt. of
India/Govt. of NCT of Delhi regarding implementation of reservation policy on persons
with disabilities @3% (1% each in the VH, OH and HH categories) in all
admissions as well as recruitment in Civil posts. Out of 63 students, one student is a person
with disability. The respondent also
ensured that all efforts would be made
to admit the students from diverse backgrounds including persons with
disabilities.
3. After reminders dated 05.11.2015, 23.11.2015,
09.06.2016, 06.07.2016, 8.11.2016, 02.12.2016 and 09.01.2017, Respondent No. 2
vide letter dated 12.01.2017 submitted that while there is no relaxation in fee
for any reserved category. Clause 3.4 of
Ordinance 12 for admission to the Ph.D Programme in different University
Schools of Studies mentions that the “The prevalent UGC guidelines regarding
reservations for SC/ST/PwD/Others may be followed to specify the percentage and
/ or number of seats reserved for various categories in the advertisement for
Ph.D and for the subsequent admission process”. The university had also given
instructions to different University schools of studies to adopt the
reservation policy for persons with disabilities. 24 applicants applied under
the category of persons with disabilities through online for the 2016-17 session
in different University Schools of studies.
One candidate under persons with disabilities category was selected by the University School
for Environment Management.
4. During the course of proceedings of this case, the
Rights of Persons with Disabilities Act, 2016 has come into force w.e.f. 19th
April, 2017 and the Persons with Disabilities (Equal Opportunities, Protection
of Rights and Full Participation) Act, 1995 has been repealed. Section 32 (1) of the Rights of Persons with
Disabilities Act, 2016 now provides that
all the Government institutions of higher education and other higher education
institutions receiving aid from the
Government shall reserve not less than five per cent seats for persons with
benchmark disabilities. Clause (2) of that Section also provides for relaxation
of upper age limit of five years in respect of persons with benchmark disabilities. As per Section 2(r) of the Act a persons with
benchmark disability means “a person with
not less than forty per cent of a specified disability where specified
disability has not been defined in measureable terms and includes a person with
disability where specified disability has been defied in measureable terms, as
certified by the certifying authority”. The respondent Universities may take
notice of the increase in reservation of seats for persons with disabilities. In
this regard the Office of State Commissioner for Persons with Disabilities vide
letter No.4/1608/2017-Wel/CD/573-74 dated 26.05.2017 has already requested Secretary, Higher
Education Department to issue appropriate instructions / orders to all concerned
to reserve not less than 5% seats and to give an upper age relaxation to
persons who have benchmark disabilities. Director, Higher Education has further
requested all the concerned Universities / Institutions including the
respondents to do the needful vide letter dated 19.06.2017.
5. It would be appropriate to point out that reservation
of seats for persons with disabilities in admissions is open to persons with
benchmark disabilities of all the categories and is not restricted only to certain
categories of disabilities as in the case of reservation of vacancies under
Section 34 of the Act. The respondents are
advised to follow and implement the provisions of Section 32 of the Act in the
matter of admission to all the courses offered by them.
The matter is disposed of accordingly. Given
under my hand and the seal of the Court this 18th day of
July,2017.
(T.D. Dhariyal)
State Commissioner for Persons with Disabilities
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