A “Society For All”: SC Directs All Higher Edu Institutions To Reserve At Least 5% Seats For Persons With Disabilities Or Face Action [Read Judgment]

The educational institutions covered by this provision are not only the Government institutions of higher education but all those higher education institutions which are receiving aid from the Government.The Supreme Court on Friday directed that all institutions of higher education under the control of government or receiving aid from the government shall reserve at least 5 per cent seats. The Supreme Court on Friday directed that all institutions of higher education under the control of government or receiving aid from the government shall reserve at least 5 per cent seats for persons with disabilities while making admission of students in educational courses each year or face consequential action. Which had raised the issue of 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, and also the “intimately connected” issues of providing proper access to orthopedic disabled persons so that they are able to freely move in the educational institution and access the facilities and 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. It appreciated the suggestions given by the petitioner which included infrastructure including special classrooms, sports facilities, libraries, laboratories, teaching methods, recreational facilities etc and directed due It disposed of the petition with following directions: While dealing with the issue of reservation of seats in the educational institutions, we have already given directions …that the provisions of Section 32 of the Disabilities Act, 2016 shall be complied with by all concerned educational institutions. Before issuing the guidelines, the bench dealt extensively with various aspects of the subject including section 39 of the Disabilities Act which provides for all government educational institutions as well as other educational institutions which are receiving aid from the Government to reserve seats for the benefit of persons with disabilities, which reservation shall not be less than 3%.