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2018 Supreme(Online)(SC) 3575

ARUN MISHRA, INDIRA BANERJEE, JJ
PURSWANI ASHUTOSH (MINOR) THROUGH DR. KAMLESH VIRUMAL PURSWANI – Appellant
Versus
UNION OF INDIA & ORS. – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Prashant Bhushan, Mr. Govind Jee, Mr. Krishna Kumar Singh
For the Respondents: Mr. Tara Chandra Sharma, Ms. Neelam Sharma, Ms. Pankhuri Shrivastava, Mr. Rupesh Kumar, Mr. Vikramjit Banerjee, Mr. D.N. Goburdhun, Mr. Nishish Sharma, Mr. Shubhendu Anand, Mr. Sarthak Raizada, Mr. Gurmeet Singh Makker, Mr. Raj Bahadur Yadav, Mr. Vikas Singh, Mr. Gaurav Sharma, Mr. Prateek Bhatia, Mr. Dhawal Mohan, Mr. Kapish Seth, Ms. Hemantika Wahi, Ms. Jesal Wahi, Ms. Vishakha, Ms. Mamta Singh

O R D E R

The question which arises in this writ petition under Article 32 of the Constitution of India is, whether a person with benchmark disability of low vision, within the meaning of Section 2 (r), read with Clause 1B of the Schedule, of the Rights of Persons with Disabilities Act , 2016 (hereinafter referred to as the ‘2016 Act’) can be denied the benefit of reservation for admission to the MBBS Medical Course.

On 13th December, 2006, the United Nations General Assembly adopted the United Nations’ Convention on the Rights of Persons with Disabilities, which inter alia lays down the following principles for empowerment of persons with disabilities:

(a) respect for inherent dignity, individual autonomy Signature Not Verifiiedncluding the freedom to make one’s own choices, and independence of persons;

(b) non-discrimination;

(c) full and effective participation and inclusion in society;

(d) respect for difference and acceptance of persons with disabilities as part of human diversity and humanity;

(e) equality of opportunity;

(f) accessibility;

(g) equality between men and women;

(h) respect for the evolving capacities of children with disabilities and respect for the right of children

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