In
the Court of State Commissioner for Persons with Disabilities
National Capital
Territory of Delhi
25- D,
Mata Sundri Road, Near Guru Nanak Eye Centre, New Delhi.
[Vested with powers of Civil Court under the
Rights of Persons with Disabilities Act,
2016]
Case No. 994/1031/2019/06/3268-3269 Dated:10.07.2019
In the matter of:
Sh. Ajaibir Singh,
C-4-D/54-B, Janakpuri,
New Delhi-110058.
(E-mail-ajaibir.singh@in.ibm.com). .............
Complainant
Versus
The Principal,
Amar Jyoti Institute of Physiotherapy,
(University of Delhi),
Karkardooma, Vikas Marg,
Delhi-110092. ……...…Respondent
Date of Hearing 08.07.2019
ORDER
The
above named complainant, father of Master Mankaran Singh, a person with
specific learning disability filed a complaint vide e-mail dated 18.06.2019 and
submitted that Amar Jyoti Institute of
Physiotherapy, affiliated to Delhi University has invited applications for Bachelor of Physiotherapy
and earmarked one seat for persons with locomotor disability and not for persons
with specific learning disability. In Delhi University and all other
institutes, persons with all the 21 disabilities are allowed to appear for the
examination under PH category. Pt.
Deendayal Upadhyaya National Institute for Persons with Physical Disabilities has
already allowed Master Mankaran to appear in the examination under PH category
on 16th June 2019. Amar Jyoti
Institute of Physiotherapy is asking him to apply as a General Category
candidate. As per
the email dated 18.06.2019 of Amar Jyoti Institute of Physiotherapy, the
institute has OH (Orthopedically Handicapped) seat and hence the application of
the applicant would be considered under the general category.
2. As per Section 32 of the Act, “all Government
institutions of higher education and other higher educational institutions
receiving aid from the Government shall reserve not less than five per cent seats
for persons with benchmark disabilities”.
3. The matter was taken up with the respondent vide Show
Cause-cum- Hearing Notice dated 21.06.2019 under the Rights of Persons with
Disabilities, Act 2016, hereinafter referred to as the Act directing the
respondent why Master Mankaran Singh should not be allowed to apply for
admission to Bachelor of Physiotherapy course under PH category against the reserved
seat and submit an action taken report by 02.07.2019. If the same was not done, it was decided to
hold a hearing on 08.07.2019.
4. The respondent vide letter received on 26.06.2019 submitted as
under:-
“This
letter is in response to the show cause cum hearing notice, Case No –
994/1031/2019/06, dated 21/06/2019. The
Amar Jyoti Institute of Physiotherapy (University of Delhi) wishes to place on
record that Mr. Mankaran Singh s/o Mr. Ajaibir Singh, resident of C-4D/54-B,
Janakpuri, New Delhi 110058 applied for admission to the Bachelor of
Physiotherapy course for the year 2019-20 (reference no. is BPT/050/19). Our point-wise response is as follows:
1.
The Amar Jyoti Institute of
Physiotherapy (University of Delhi) under the aegis of Amar Jyoti Charitable
Trust is a self-financed college that
does not receive any funding from the University/UGC/ Government.
2.
The
management of the Amar Jyoti Charitable Trust (AJCT) resolved to introduce one
(1) seat specifically under the OH category at the Amar Jyoti Institute of
Physiotherapy (AJIPT) in alignment with the core objectives of the Trust. The eligibility criteria for the reserved OH
seat was setup by the management after due diligence, deliberation, consultation
and consensus by the management.
3.
AJIPT
has one (1) reserved seat specifically for an Orthopedically Handicapped (OH)
individual since the academic year 2004-2005.
For the purposes of the OH reserved category, OH is defined as point #4
& 5 of the PWD Act (1995/ amend.1996) and RPWD Act, 2016. Candidates that
qualify under this category fulfil criteria as described in our
prospectus. Please refer to a copy of the relevant sections of our prospectus (copy attached).
4.
The PWD Act 1995 (amend
1996) – based on the act, guidelines for evaluation of various disabilities and
procedure for a certificate, the Ministry of Social Justice and Empowerment
(notification and annexures June 2001) referred
to orthopaedic disability as locomotor disability and defines it as
disability of the bones, joints or muscles leading to substantial restriction
of the movement of the limb or any form of cerebral palsy.
5.
More recently, the Rights of
Person with Disabilities Act (RPWD Act – section 1 A) 2016, defines locomotor disability as a person’s
inability to execute distinctive activities associated with movement of self
and objects resulting from affliction of musculoskeletal or nervous system or
both. Further, it includes leprosy
cured person, cerebral palsy, dwarfism, muscular dystrophy, acid attack
victims.
6.
As per our records, Mr.
Mankaran Singh (s/o Mr. Ajaibir Singh) has not provided any supporting document
of his candidacy for the Orthopedically Handicapped (OH) seat. Thus, the Institute cannot consider the
application under reserved category of OH.
7.
The same was informed to the
applicant, Mr. Mankaran Singh vide email dated June, 18 2019. A copy of email is attached for your ready
reference.
8.
Moreover, we wish to clarify
that the institute did not force the
candidate for applying under general category (as described in the opening
paragraph of the show cause notice – last sentence). The office email to him (attached for ready
reference) clearly stated that the application could be considered under general
category, if the candidate so desired.
9.
With reference to point #4
of the show cause notice that references section 32 of the Act (RPWD 2016) – we wish to state that we are entirely a
private, self-finance Institute and do not received any government/UGC/University
funding.
However, the issue of
reservation for the differently abled is of importance and will be taken up for
discussion in the next governing body meeting of AJIPT.
AJIPT will be happy to
provide any additional information that is required by your office. Our contact information is as follows: 011 –
2375512, 22379827, email- info@ajipt.org.
Sincerely
Dr. Raju
K. Parasher
Director/ Principal
Amar Jyoti Institute of Physiotherapy
University of Delhi”
Director/ Principal
Amar Jyoti Institute of Physiotherapy
University of Delhi”
5. A copy of the reply submitted by the respondent was sent to
the complainant vide e-mail dated 04.07.2019 for comments/rejoinder. As he did not appear for hearing on
08.07.2019, he was contacted on telephone and was informed that since only the
Government and other Institutions of higher education receiving aid from the
Government are obligated to reserve seats for persons with disabilities and Amar
Jyoti Institute of Physiotherapy is neither a Government Institution nor
receiving any aid from the Government for conducting the course in question,
the provision of section 32 of the Act would not be applicable to that institute.
6. It is however clarified that section 32 of the Act does not
envisage reservation of seats for any particular category of disability(ies)
unlike section 34 which provides for reservation of vacancies for specified
categories of disabilities for which the posts are identified. Hence even though Amar Jyoti Institute of
Physiotherapy is not obligated under the Act to reserve seats for persons with
disabilities, yet it has proactively made a provision for it, it will be in the
fitness of things to keep the reserved seats, if any, open to all the
categories of persons with disabilities considering the intent of section 32 of
the Act..
7. In light of the above, the complaint is
disposed off.
8. Given under my hand and the seal of the
Court this 10th day of July, 2019.
(T.D. Dhariyal)
State Commissioner for
Persons with Disabilities
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