DISABLED RIGHTS GROUP & ANR. versus UNION OF INDIA & ORS.

Citation: [2017] 12 S.C.R. 988 · Decided: 15-12-2017 · Supreme Court of India · Bench: A.K. SIKRI · Disposal: Directions issued

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Judgment (excerpt)

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[2017] 12 S.C.R. 988 
DISABLED RIGHTS GROUP & ANR. 
v. 
UNION OF INDIA & ORS. 
(Writ Petition (Civil) No. 292 of2006) 
DECEMBER 15, 2017 
[A. K. SIKRI AND ASHOK BHUSHAN, JJ.] 
Rights of Persons with Disabilities Act, 2016 - ss.2(i), (k), 
(v), (w), (zd) and (ze), 16, 25(I)(h), 31, 32, 34, 40 and 89 - Public 
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interest litigation, originally confined to law colleges hut later 
extended to encompass all educational institutions, raising various 
issues in relation to persons with disabilities, viz. (i) implementation 
of 3% reservation of seats in educational institutions; (ii) providing 
proper access to orthopaedic disabled persons so that they are able 
to freely move in the educational institutions and access the facilities 
D . and (iii) making adequate provisions and facilities of teaching for 
disabled persons - Held: Re: Issue no. (i)- All the institutions covered 
by obligations as stated u/s.32 of the 2016 Act providing for 
reservation of seats for persons suffering with disabilities, shall 
comply with the same while making admission of students in 
E educational courses of higher education each year - Re: Issue 
nos.(ii) & (iii)- Suggestions given by the petitioner in the form of 
"Guidelines for Accessibility for Students with Disabilities in 
Universities/Colleges", to be considered by UGC w.r.t its feasibility 
by constituting a Committee - The Committee shall undertake a 
detailed study for making provisions in respect of accessibility and 
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teaching facilities and also suggest the modalities for implementing 
those suggestions, their funding and monitoring, etc. - Rights of 
Children to Free and Compulsory Education Act, 2009 - Persons 
with Disabilities (Equal Opportunities, Protection of Rights and Full 
Participation) Act, 1995 - ss.39, 45 and 46. 
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While passing directions, the Court 
HELD: (I) Re: 3% Reservation of Seats in Educational 
Institutions 
1.1 As per Section 39, Persons with Disabilities (Equal 
Opportunities, Protection of Rights and .Full Participation Act), 
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988 
DISABLED RIGHTS GROUP & ANR. v. UNION OF INDIA 
989 
& ORS. 
1995, all Government educational institutions as well as other A 
educational institutions which are receiving aid from the 
Government are supposed to reserve seats for the benefit of 
persons with disabilities, which reservation shall not be less than 
3%. Thus, 3% of the seats is the minimum reservation and it can 
be even more than 3%. [Para 4] [994-D-F] 
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1.2 Rights of Persons with Disabilities Act, 2016 makes 
more exhaustive provisions insofar as providing of educational 
facilities to the persons with disabilities is concerned. Section 31 
confers right to free education upon children with benchmark 
disabilities who are between the age of 6 to 18 years. This 
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provision is made notwithstanding anything contained in the 
Rights of Children to Free and Compulsory Education Act, 2009. 
Section 32 makes provisions for reservation in higher educational 
institutions. Section 34 provides for reservation in employment. 
The educational institutions covered by Section 32 are not only 
the Government institutions of higher education but all those D 
higher education institutions which arc receiving aid from the 
Government. Other pertinent aspect is that the extent of 
reservation is increased from 3% under Disabilities Act, 1995 to 
5% under this Disabilities Act, 2016. One more important 
improvement made in Disabilities Act, 2016 over the earlier Act 
is that such provisions arc made for 'persons with bench mark E 
disabilities'. [Paras 5, 6] (994-H; 995-A-B, D-E] 
1.3 All those institutions which arc covered by the 
obligations provided under Section 32 of the 2016Act shall comply 
with the provisions of Section 32 while making admission of 
students in educational courses of higher education each year. 
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They shall submit list of the number of disabled persons admitted 
in each course every year to the Chief Commissioner and/or the 
State Commissioner (as the case may be). It will also be the duty 
of the Chief Commissioner as well as the State Commissioner to 
enquire as to whether these educational institutions have fulfilled 
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the aforesaid obligation. Appropriate consequential action against 
those educational institutions, as provided under Section 89 of 
the Disabilities Act, 2016 as well as other provisions, shall be 
initiated against defaulting institutions. [Para 8] (995-H; 996-A-CJ 
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990 
SUPREME COURT REPORTS 
[2017] 12 S

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