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Delhi High Court ordered 5 Reservation for particularly Abled Applicants

July 31, 2023

The Delhi High Court has ordered the city administration to provide 5% reservation for particularly abled applicants in all educational institutions and to meet the mandate of the Rights of Persons with Disabilities Act. A panel led by Chief Justice Satish Chandra Sharma also directed Guru Gobind Singh Indraprastha University to reserve seats for those with exceptional needs in accordance with the legislation.

The ruling was issued in response to a public interest litigation alleging that the respondent institution was not offering a 5% reservation to specially-abled people in accordance with the terms of the Rights of Persons with Disabilities Act, 2016.

The bench, which also included Justice Saurabh Banerjee, remarked that the institution provided a 5% quota to specially-abled students in all disciplines and that no more directives were required.

However, it stated that the Delhi government and the university "shall make every effort to fill the seats reserved 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 the statutory provisions governing the field under the RPWD Act are followed in all educational institutions, and that 5% reservation is provided to specially-abled persons," the court stated in a recent ruling.

The petitioner, an NGO called Justice For All, claimed that the institution, instead of offering a 5% quota as required by the Act, only provided a 3% quota to candidates. The petitioner then filed a contempt motion, alleging that the interim injunction was not being followed. The court dismissed the case when the institution presented a document in which it "categorically stated" that it would provide a 5% reservation to those with disabilities.