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. 4/1590/2017/Wel./CD/1484-86 Dated:
14.08.2017
In
the matter of:
Suo Motu
Versus
The
Director
Department
of Training & Technical Education,
Govt.
of NCT of Delhi,
Muni
Mayaram Marg, Pitampura,
New
Delhi-110088. ………...…Respondent
ORDER
Society for Self Employment, Department of Training &
Technical Education, Govt. of NCT of Delhi published an advertisement in the
Hindustan Times dated 29.04.2017 for admission to various courses. In the said advertisement, the respondent
mentioned that percentage of reservation of seats for different categories will
be followed as per Govt. rules. The
respondent however, did not mention that 5% of the seats will be reserved for
persons with benchmark disabilities in accordance with Section 32 of the Rights
for Persons with Disabilities Act, 2016, herein after refer to as the Act. Section 32 is reproduced below:-
Section 32. “(1) All 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.
(2) The
persons with benchmark disabilities shall be given an upper age relaxation of
five years for admission in institutions of higher education.”
2. Suo-Moto cognizance of the said advertisement was taken under Section
80(b) of the Act and the respondent was directed to Show Cause as to why he/she
should not issue a corrigendum indicating therein that not less than 5% of the
seats shall be reserved for the persons with benchmark disabilities in
accordance with Section 32 of the Act within a period of 7 days from the date
of receipt of the said notice. The
respondent was further directed that if a corrigendum was not required to be
issued, he/she may submit his/her version of the case and appear before this
Court at 11:30 a.m. on 20.05.2011.
3. The respondent vide letter dated 18.05.17 informed that the
advertisement in question was for admission to vocational skill based modular
courses and percentage of reservation of seats for different categories will be
followed as per Government Rules. It was
further stated that Society for Self Employment is not covered u/s 32 of the
Act as they are conducting courses for short term skill development which
mainly cater to the school dropouts and youths from unorganized sector. Therefore, a corrigendum may not be required. Thereafter the respondent also discussed the
matter on phone and subsequently, vide letter dated 30.05.2017 submitted that
necessary provision for reservation had been added on the website. The respondent however, reiterated that the
Society for Self Employment is not covered u/s 32 of the Act as it is not
offering higher education.
4. Some of the certificate, diploma and skill based courses may
not seem to be covered by the definition of ‘higher education’ as understood in
general parlance. The Act does not
define the expression ‘higher education’.
To our knowledge, there is no single definition of ‘higher
education’. As per Oxford English
Dictionary, higher education means ‘education to degree level or equivalent
provided at universities or collages’. According
to Cambridge Dictionary higher education means, ‘education at a college or
university where subjects are studied at an advanced level. As per Collins English Dictionary, higher
education means ‘education and training at colleges, universities,
poly-techniques, etc. Dictionary.com(http://www.dictionary.com/browse/higher-education)
defines higher education as, ‘education beyond high school specifically that
provided by colleges and graduate schools, and professional schools.’ In light of this, any education and training
beyond high school can be covered in the definition of higher education albeit for
a limited purpose of meaningful and positive interpretation of a beneficial
provision of the Act.
5. Before proceeding further, it will be appropriate to look at
Section 31(2) of the Act which provides, “the
appropriate Govt. and local authorities shall ensure that every child with
benchmark disability has access to free education in an appropriate environment
till he attains the age of 18 years” in order to appreciate the indent and
the spirit of the provisions. Section
16(1) mandates the appropriate Government and the local authorities to admit
children with disabilities without discrimination and provide education and
opportunities for sports and recreation activities equally with others. An expansive interpretation of the provisions
of the socially beneficial Act such as the Rights of Persons with Disabilities
Act, 2016 is necessary in order to realize the intended outcomes of the
provisions made therein. Section 32 of
the said Act as mentioned above provides for reservation of seats for persons
with benchmark disabilities. The purpose
of making such provisions is to do away with various barriers and facilitate education
of persons with benchmark disabilities.
In this light, therefore, children with disabilities who wish to go for
some skill development training should either get admission, if eligible or
they should be given the benefit of reservation of seats.
6. Anticipating this kind of situation, Office of Commissioner
for Persons with Disabilities has requested Secretary, Department of
Empowerment of Persons with Disabilities, Govt. of India to issue appropriate
instructions for providing reservation of seats as mentioned in Section 32 of
the Act or admitting applicants with benchmark disabilities without
discrimination as per the provisions of Section 16 of the Act. Irrespective of the instructions from
Department for Empowerment of Persons with Disabilities, respondent is advised
to continue providing reservation to persons with benchmark disabilities in
admission to various courses in appreciation of the spirit of the Act. The matter is disposed of accordingly.
7. Given
under my hand and the seal of the Court this 10th day of August, 2017.
(T.D. Dhariyal)
State Commissioner for Persons with
Disabilities
Copy to the:
1. Secretary, Department of Empowerment of Persons with Disabilities, Ministry of Social Justice & Empowerment, 5th Floor, Paryavaran Bhawan Complex, Lodhi Road, Delhi-110003, for kind information pl.
2. Secretary, Directorate of Social Welfare, GLNS Complex, Delhi Gate, Delhi for kind information pl.
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