Thursday, July 20, 2017

Sanjay Satpute Vs. The Registrar, Ambedkar University | Case No. 4/1066/2015-Wel./CD/ 980-982 | Dated: 19.07.2017

Case Summary:

Education: Complainant submitted that reservation in admission of seats was not provided for persons with disabilities in higher education. Respondent No. 1 submitted that they were strictly following the issued guidelines on reservation policy for admission of persons with disabilities and that further efforts would be made to admit people from diverse backgrounds. Respondent No. 2 after multiple communications submitted that they followed the prevailing guidelines for admission of persons with disabilities and the university gave directions to other university schools to adopt the policy.

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
Phone-011-23216002-04, Telefax: 011-23216005, Email: comdis.delhi@nic.in
[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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