SC says disabled to get same relaxations as SC/ST
In a significant judgment for persons with disabilities, the Supreme Court on 8th July, 2020 in the case of Aryan Raj Vs. Chandigarh Administration held that people suffering from disabilities are also socially backward, and are therefore, at the very least, entitled to the same benefits of relaxation as given to the Scheduled Castes / Scheduled Tribes candidates. Hitherto, candidates with disabilities were often not able to get the benefit of reservation in education and employment because of not meeting the general qualifying standards. Now, public sector employers and colleges / universities will have to allow the same relaxations to them as to SC / ST candidates. (Get judgment copies below.)
The Court was following an earlier judgment of the Delhi High Court dated 12th September, 2012 in the case of Anamol Bhandari Vs. Delhi Technological University. Disability Law Initiative argued as amicus curiae in the High Court case, and also assisted the Human Rights Law Network in the current Supreme Court case.
In the instant Aryan Raj case, the Government College of Arts, Chandigarh denied any relaxation in minimum qualifying marks to the petitioner, a person with intellectual disability, in the Painting and Applied Art course. Persons with disabilities were required to meet the general qualifying standard of 40% in the aptitude test, whereas SC/ST candidates were given a relaxation to 35%. The SC said:
“…we follow the principle laid down in the Delhi High Court’s judgment in Anamol Bhandari (Minor) through his father/Natural Guardian v. Delhi Technological University 2012 (131) DRJ 583 in which the High Court has correctly held that people suffering from disabilities are also socially backward, and are therefore, at the very least, entitled to the same benefits as given to the Scheduled Castes/ Scheduled Tribes candidates.
“In our view, considering that Scheduled Castes/Scheduled Tribes candidates require 35 per cent to pass in the aptitude test, the same shall apply so far as the disabled are concerned in future. Shri Gonsalves’s client is, therefore, at liberty to apply afresh for the current year…. Further, it is clear that aptitude test pass mark, so far as disabled are concerned, is now 35 per cent…”
Aryan_Raj_judgment Anamol_Bhandari_judgment
The Court upheld the reasoning of the Delhi High Court in the Anamol Bhandari case, thus making it applicable throughout the country. Hitherto, candidates with disabilities were often not able to get the benefit of reservation in education and employment because of not meeting the general standards. Now, public sector employers and colleges / universities will have to allow the same relaxations to them as to SC / ST candidates.