Topics Covered: Separation of powers between various organs dispute redressal mechanisms and institutions.
Disabled are entitled to same benefits of SC/ST quota: SC
The Supreme Court, in a significant decision, has confirmed that persons suffering from disabilities are also socially backward and entitled to the same benefits of relaxation as Scheduled Caste/Scheduled Tribe candidates in public employment and education.
- The Court has upheld a 2012 judgment of the Delhi High Court in Anamol Bhandari (minor) through his father/Natural Guardian v. Delhi Technological University in a significant decision.
What was the case?
A petition was filed Aryan Raj, a special needs person, against the Government College of Arts, Chandigarh.
- The college denied Mr. Raj relaxation in minimum qualifying marks in the Painting and Applied Art course.
- The college insisted that disabled persons too need to meet the general qualifying standard of 40% in the aptitude test, whereas SC/ST candidates were given a relaxation to 35%.
Need for reservations:
Intellectually/mentally challenged persons have certain limitations, which are not there in physically challenged persons.
What needs to be done?
- New academic courses should be crafted to specifically cater to the needs of intellectually disabled persons.
- The subject experts should examine the feasibility of creating a course which caters to the specific needs of such persons.
- They may also examine increasing the number of seats in the discipline of Painting and Applied Art with a view to accommodating such students.
Important constitutional provisions related to SC/Sources: the Hindu. Communities:
- Overview of Articles 15(4), 16(4A) and 46.
- The Writ of Certiorari.
- About Sugamya Bharat Abhiyan.
- About National Handicapped Finance Development Corporation (NHFDC).
Discuss why persons suffering from disabilities should be considered as socially backward and be entitled to the same benefits of relaxation as Scheduled Caste/Scheduled Tribe candidates in public employment and education.
Sources: the Hindu.