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REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

WRIT PETITION (CIVIL) NO. 292 OF 2006

DISABLED RIGHTS GROUP & ANR.

.....PETITIONER(S)

VERSUS

UNION OF INDIA & ORS.

.....RESPONDENT(S)

W I T H

WRIT PETITION (CIVIL) NO. 997 OF 2013

J U D G M E N T

A.K. SIKRI, J.

Three issues are raised in this petition which is filed in public

interest, for the benefit of persons suffering from ‘disabililty’ as per the

definition contained in the Persons with Disabilities (Equal Opportunities,

Protection of Rights and Full Participation Act) 1995 (hereinafter referred

to as the ‘Disabilities Act, 1995’) which now stands repealed and is

replaced by the Rights of Persons with Disabilities Act, 2016 (hereinafter

referred to as the ‘Disabilities Act, 2016’). The first issue related to the

Digitally signed by

ASHWANI KUMAR

Date: 2018.04.19

14:18:28 IST

Reason:

Signature Not Verified

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non-implementation of 3% reservation of seats in educational institutions

as provided in Section 39 of the Disabilities Act, 1995 and Section 32 of

the Disabilities Act, 2016. Second equally important issue raised in this

petition, which is intimately connected with the first issue, is to provide

proper access to orthopaedic disabled persons so that they are able to

freely move in the educational institution and access the facilities. Third

issue pertains to pedagogy i.e. making adequate provisions and facilities

of teaching for disabled persons, depending upon the nature of their

disability, to enable them to undertake their studies effectively.

We may state at the outset that though the petition as originally

filed had confined these issues only to law colleges. In view of the fact

that these issues are of seminal importance, this Court decided to

extend the coverage by encompassing all educational institutions.

2) As can be discerned from the number assigned to this writ petition, it

was filed in the year 2006 and, thus, is pending for eleven years. The

reason was that this Court has been calling for the status report(s) from

the respondents/Government Authorities from time to time about the

implementation of the Disabilities Act insofar as provisions relating to the

aforesaid aspects are concerned. Since the matter was ripe for passing

final orders and directions, we deemed it proper to hear the counsel for

the parties at length so that the writ petition is disposed of by giving final

directions in this behalf.

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(I)

Re: 3% Reservation of Seats in Educational Institutions

3) Section 39 of the Disabilities Act, 1995 reads as under:

“Section 39 : All Government educational institutions and

other educational institutions receiving aid from the

Government, shall reserve not less than three per cent

seat for persons with disabilities.”

4) As per this provision, all Government educational institutions as well as

other educational institutions which are receiving aid from the

Government are supposed to reserve seats for the benefit of persons

with disabilities, which reservation shall not be less than 3%. Thus, 3%

of the seats is the minimum reservation and it can be even more than

3%. This provision had come up for discussion before this Court in All

Kerala Parents Association of the Hearing Impaired v. State of

Kerala¹ and the Court issued following directions therein:

“We...hold that Section 39 deals with the reservation of

seats for persons with disabilities in government

educational institutions as well as educational institutions

receiving aid from the government, and necessarily

therefore the provison thereof must be complied with.”

5) Disabilities Act, 2016 makes more exhaustive provisions insofar as

providing of educational facilities to the persons with disabilities is

concerned. Section 31 confers right to free education upon children with

benchmark disabilities who are between the age of 6 to 18 years. This

provision is made notwithstanding anything contained