In a significant move, the Supreme Court of India recently observed that persons with disabilities are also socially backward and deserve the same benefits of relaxation as candidates belonging to Scheduled Caste/Scheduled Tribe (SC/ST) in public employment and education.
Background of the Case
This decision came in response to a petition filed by Aryan Raj, a special needs individual who was refused relaxation in minimum qualifying marks for the Painting and Applied Art course in the Government College of Arts, Chandigarh. The Punjab and Haryana High Court’s order had prevented any relaxation for disabled persons, insisting on meeting the general qualifying standard of a 40% score in the aptitude test. This was contrasting with SC/ST candidates who were given a relaxation to 35%.
Reference to Delhi High Court Judgement
The Supreme Court upheld the Delhi High Court’s judgement in the Anmol Bhandari v. Delhi Technological University case (2012). In this case, it was held that people suffering from disabilities are also socially backward and should be entitled to the same benefits provided to the Scheduled Caste/ Scheduled Tribe candidates. It emphasized that new academic courses should be designed specifically to cater to the needs of intellectually disabled persons.
Inherent Limitations of Intellectually/Mentally Challenged Persons
The Court highlighted the reality that intellectually/mentally challenged persons possess certain limitations, which are absent in physically challenged persons.
Benefits for Scheduled Caste/Scheduled Tribe
Article 15 and 16 of the Indian Constitution empowers the State to make special provisions for the advancement and reservation of opportunities for SCs and STs. This includes providing fee concessions in academic admissions, constructing hostels, and reserving seats in educational institutions and jobs.
Provisions for Disabled in India
The Rights of Person with Disabilities Act, 2016, included a mandate to reserve seats in government higher educational institutions and jobs for disabled individuals. Other initiatives include the Accessible India Campaign, DeenDayal Disabled Rehabilitation Scheme, National Fellowship for Students with Disabilities, and various schemes under the National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation, and Multiple Disabilities.
With this landmark judgement, the Supreme Court emphasizes that disability is also a form of social backwardness, deserving of special consideration and benefits. A society’s progress should not be measured solely by the advancement of its most fortunate members, but also by how it uplifts those who face unique challenges and hardships. The recent observation from the court certainly reinforces this notion, bringing hope for a more inclusive and equal society.
