Consider amending disability law to carry forward PwD seats in college: Delhi HC to law commission

New Delhi, Sep 16 (PTI) The Delhi High Court on Tuesday directed the law commission to consider amending the disability law to carry forward to the next academic year, vacancies in higher educational institutions which remain unfilled owing to the non-availability of persons with benchmark disabilities for admission.

A division bench comprising Chief Justice D K Upadhyaya and Justice Tushar Rao Gedela said a provision for diverting such seats to persons with disabilities will go a long way to fulfil the aims and objects of the Rights of Persons with Disabilities (RPwD) Act.

The issue was referred to the commission, which would carry out a study and recommend appropriate amendments in the law.

"A provision providing for carrying forward the seats in higher educational institutions, which cannot be filled in on account of non-availability of persons with benchmark disabilities, to the next academic year and/or a provision for diverting such seats to persons with disabilities will go a long way to fulfil the aims and objects of the RPwD Act," the bench said.

The high court's directions came on a petition filed by one Jahanvi Nagpal.

She sought directions to the central government and National Medical Commission to allocate a seat to her against one of the vacancies under disability category in NEET-UG 2022 cycle, in line with Section 32 of RPwD Act.

The bench noted there was "a contrast between the scheme providing for reservation in public employment as contained in Section 34 of the Act, and the scheme of reservation in higher educational institutions as contained in Section 32".

In case of public employment on account of non-availability of a suitable person with benchmark disability, the vacancy was to be carried forward in the succeeding year whereas no such provision existed in Section 32 of the Act, the bench noted.

Regarding Nagpal's prayer, the bench said if it was to be acceded to by the court, it would amount to reading something in Section 32 of the RPWD Act, which otherwise was absent.

"It is the need of the hour for Union of India to address the issues raised by Nagpal so that the provisions of the RPwD Act can be applied with 'full force and vigour' for empowering the persons with disabilities," the bench noted. PTI UK AMK AMK