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2017 Supreme(Del) 4000

INDERMEET KAUR
Digant Jain – Appellant
Versus
Guru Gobind Singh Indraprastha University – Respondent


Advocates Appeared:
For the Petitioner: Bhanot and Mr Anuj Mindha, Advs.
For the Respondents: Ms. Ekta Sikri and Mr. Jasbir Bidhuri, Advs., Mr.T. Singhdev, Ms. Puja Sarkar, Ms. Biakthansangi Das and Mr.Tarun Verma, Advs for MCI/, Mr KirtimanSingh, CGSC with Mr Prateek Dhanda and Mr. Vikramaditya Singh, Advs., Mr. Siddharth Dutta, Adv.

JUDGMENT :

INDERMEET KAUR, J.

1. The petitioner is a thalassaemia patient. He is entitled to a reservation under the Rights of Persons with Disabilities Act, 2016 (hereinafter referred to as the Act of 2016). This Act was promulgated on 28.12.2016 and it was notified on 19.04.2017. The earlier Act dealing with disabilities had been repealed. Under the new Act, the earlier disabilities which were 7 in number were increased and enlarged to 21. Thalassemia was one such disability which was recognized by the new Act. This Act also increased the reservation of such category of persons (persons with disabilities –PWD) from 3% to 5%.

2. In March, 2017, the petitioner had filled in his form for appearing in the National Eligibility-cum-Entrance Test, 2017 (NEET) under the general category conducted at all India level. On 24.04.2017, petitioner was issued an admit card. His result was announced on 23.06.2017. On the petitioner learning about this new Act (notified in April, 2017), the petitioner on 05.07.2017 filed an appropriate application before the Competent Authorities/respondents to
























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