1. Matter disposed of for UGC; other connected matters adjourned. (Para 4 )
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2002 Supreme(SC) 378
SUPREME COURT OF INDIA
P.V.Reddi : S.R.Babu
A.I.Confederation Of The Blind
Versus
Union Of India
Case No. : 115 of 1998
Date of Decision : 3/19/02
The court affirmed that parity must be maintained among all persons with disabilities by extending qualifying standard relaxations to all disabled candidates, regardless of their vertical category (General, OBC, SC, or ST).
Headnote:(A) Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 - Sections 32 and 33 - Reservation in teaching posts - Identification of posts for visually handicapped persons - Relaxation in minimum standards - Parity in qualifying marks - Extension of 5% relaxation in Master's degree marks to disabled candidates in General and OBC categories to ensure parity with SC and ST categories. (Para 2)
Facts of the case:
The petitioner sought the reservation of identified teaching posts in various universities for visually handicapped persons. The government had updated the list of identified posts, including university, college, and school teachers. While the academic authority provided a 5% relaxation in cut-off marks for the National Eligibility Test (NET), a 5% relaxation in the minimum qualifying marks for Master's degrees was only available to candidates in SC and ST categories. Because disability reservation is horizontal and cuts across vertical categories, only those disabled persons in the General and OBC categories were deprived of this specific relaxation.
Findings of Court:
The court noted the government's position that extending the same relaxation to all disabled candidates, regardless of their vertical category, would bring necessary parity among all persons with disabilities.
Issues: Whether the relaxation in minimum qualifying marks at the Master's degree level should be extended to visually disabled persons belonging to General and OBC categories to maintain parity with disabled persons in SC and ST categories.
Ratio Decidendi: The court accepted the government's stand that parity among all persons with disabilities should be maintained by extending relaxations in standards—specifically the 5% relaxation in qualifying marks—to all disabled candidates irrespective of their vertical category.
Result: I.A. 4 is disposed of and the matter stands disposed of so far as the academic authority is concerned.
Legal Category Hierarchy
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constitutional law
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right to equality
-
reservation
- horizontal reservation for disabled persons
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reservation
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right to equality
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administrative law
-
relaxation of standards
- minimum qualifying marks
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relaxation of standards
-
practice and procedure
- disposal of interim application
Table of Contents
S.Rajendra Babu, J.
(1) A. No. 4 in W.P. No. 15/1998 : The prayer made in I.A. No. 4 is in relation to the reservation of the identified teaching posts in the Faculties and Colleges of various Universities in terms of Sec. 33 of the Person with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 for the visually handicapped persons.
(2) THE counter affidavit filed on behalf of the Chief Commissioner for Persons with Disabilities as set out in the following terms :
"... 3. It is humbly submitted that in pursuance of Sec. 32 of the Persons with Disabilities Act (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, the appropriate Government (Government of India) has updated the list of identified posts. This list has been issued vide Extraordinary Gazette Notification No. 178 dated 30.6.2001. In this list, the posts of University/College/School Teacher for the blind and low-vision have been listed at Sl. Nos. 24-27 on page No. 592.
4.....
5.....
6. The Chief Commissioner for Person with Disabilities has taken cognizance of the arrangements provided by the University Grants Commission for persons with disabilities by way of extending 5% relaxation in cut-off marks, appearing in the NET for Junior Research Fellowship and Lecturership. Thus, the arrangement extended by UGC is in consonance with the policy stand taken by Government of India insofar as relaxation in minimum standard is concerned. Relaxation in standards has been favoured only when the candidates belonging to reserved categories are not available on the basis of the general standard to fill all the vacancies reserved for them.
7. The relaxation extended to SC and ST candidates as per Maintenance of Standard 1998 of the Universities, provides for a 5% relaxation from 55% to 50% in the marks obtained at Masters Degree. Since reservation for the disabled is called horizontal reservation which cuts across all vertical categories such as SC, ST, OBC & General. Therefore, all such blind/low- vision persons who belonged to SC, ST vertical category would automatically enjoy the benefit of 5% relaxation at the minimum qualifying marks obtained at Masters Degree level. Thus, only the blind and low-vision belonging to OBC and General categories are deprived of the relaxation of 5% marks at Masters level.
8. The blind/low-vision and other visually disabled persons belonging to SC and ST category are in any case enjoying the benefit of 5% relaxation in marks obtained at the masters level for appearing in the NET examination conducted by the UGC. By extending the same relaxation to particularly blind/low-vision and in general all disabled at par with SC and ST disabled would bring parity amongst all persons with disabilities irrespective of their vertical categories."
(3) IN view of the stand taken by the Government, nothing survives for consideration insofar as U.G.C. is concerned. The matter shall stand disposed of so far as University Grants Commission is concerned. I.A. 4 is disposed of accordingly.
(4) W.P. No. 115/1998, so far as other aspects of the matter is concerned, and W.P. No. 116/1998, C.A. No. 6442/1998, C.A. No. 6443/1998 and W.P. No. 241/2001 are adjourned by two weeks.
