Ensure 5% quota to specially-abled candidates in educational institutes: HC

The Delhi High Court has asked the city government to ensure five per cent reservation for specially-abled candidates in all educational institutions and that the mandate of the Rights of Persons with Disabilities Act is followed.

A bench headed by Chief Justice Satish Chandra Sharma also asked Guru Gobind Singh Indraprastha University to reserve seats for specially-abled persons as per the law.

The court’s order came on a public interest litigation which alleged that the respondent university was not providing five per cent reservation to specially-abled persons following the provisions of the Rights of Persons with Disabilities Act, 2016.

The bench, also comprising Justice Saurabh Banerjee, observed the university was providing a five per cent quota to specially-abled persons in all courses and no further orders need to be passed.

It, however, said the Delhi government and the university “shall make all possible endeavour for filling up the seats meant for specially-abled persons by providing reservation to all categories of specially-abled persons”.

“The university as well as the state government are directed to ensure that in all educational institutions, the statutory provisions governing the field under the RPWD Act are followed and 5 per cent reservation is provided to specially-abled persons,” the court said in its recent order.

In May, the court passed an interim order directing the university to provide reservations to specially-abled candidates for admission in the current academic session.

The petitioner — Justice For All, an NGO — had argued that the university, instead of providing a five per cent quota under the Act was providing only a three per cent quota to the candidates. The petitioner subsequently moved a contempt application and alleged that the interim order was not being implemented.

The court closed the proceedings after the university filed an affidavit and “categorically stated” that it was providing five per cent reservation to specially-abled persons.