Regulatory criteria permitting exclusion based on disability percentage do not violate the RPWD Act, ensuring rightful admission and equality for persons with benchmark disabilities under established regulations.

JUDGMENT

C. Hari Shankar, J. The petitioner, who belongs to the Other Backward Classes (OBC), seeks admission in the MBBS course in University College of Medical Sciences (UCMS), under the Government of National Capital Territory of Delhi (GNCTD), in the "Persons with Disability (PWD)" quota.

Facts

2. In 2016, the petitioner passed his Class XII examination.

3. The petitioner is in possession of a "'Certificate for the person with Disabilities", dated 24th April, 2016, issued by the Medical Board, Janakpuri Super Speciality Hospital (Government Hospital under the Govt. of NCT of Delhi), which certifies that the petitioner is a case of "Encephalomyelities with Quadriparesis" and was physically disabled with 75% permanent disability. The certificate further states that the condition is non-progressive.

4. Admittedly, the type of disability, suffered by the petitioner, is a "locomotor disability" for the purposes of the Rights of Persons with Disabilities Act, 2016 (hereinafter referred to as "RPWD Act"), which governs and regulates the rights of persons with disability. Section 3 of the RPWD Act requires the appropriate Government to ensure that persons with disabilities enjoy the right to equality, life with dignity and respect for his or her integrity, equally with others.

Relevant provisions of the Rights of Persons with Disabilities Act, 2016

5. Sub-section 3 of Section 3 of the RPWD Act reads thus:

"(3) No person with disability shall be discriminated on the ground of disability, unless it is shown that the impugned act or omission is a proportionate means of achieving a legitimate aim."

6. Chapter III of the RPWD Act deals with education, and Section 16 therein delineates the duties of educational institutions. Section 17 of the RPWD Act requires specific measures to be taken to provide and facilitate inclusive education at all levels of school education. Sections 16 and 17 of the RPWD Act may be reproduced thus:

"16. Duty of educational institutions.-

The appropriate Government and the local authorities shall endeavour that all educational institutions funded or recognised by them provide inclusive education to the children with disabilities and towards that end shall-

(i) admit them without discrimination and provide education and opportunities for sports and recreation activities equally with others;

(ii) make building, campus and various facilities accessible;

(iii) provide reasonable accommodation according to the individual's requirements;

(iv) provide necessary support individualised or otherwise in environments that maximise academic and social development consistent with the goal of full inclusion;

(v) ensure that the education to persons who are blind or deaf or both is imparted in the most appropriate languages and modes and means of communication;

(vi) detect specific learning disabilities in children at the earliest and take suitable pedagogical and other measures to overcome them;

(vii) monitor participation, progress in terms of attainment levels and completion of education in respect of every student with disability;

(viii) provide transportation facilities to the children with disabilities and also the attendant of the children with disabilities having high support needs.

17. Specific measures to promote and facilitate inclusive education.-The appropriate Government and the local authorities shall take the following measures for the purpose of section 16, namely:

(a) to conduct survey of school going children in every five years for identifying childre