Delhi High Court: In a case wherein, the petitioner, Justice For All filed a Public Interest Litigation under Article 226 of the Constitution stating that Guru Gobind Singh Indraprastha University (GGSIPU), the respondent University was not providing reservation to extent of 5% to the specially abled persons in accordance with the provisions of the Rights of Persons with Disabilities Act, 2016 (‘RPWD Act’), the Division Bench of Satish Chandra Sharma, CJ.*, and Saurabh Banerjee, J., directed the respondent University and State Government to make all possible endeavour for filling seats meant for specially abled persons.
The Court passed an interim order on 17-05-2023 that directed the University to provide reservation up to the extent of 5% to the specially abled persons. Subsequently, a contempt petition was filed by the petitioner on an allegation that the interim order was not being implemented. In the contempt petition, a detailed and exhaustive affidavit was filed by the respondents. Subsequently, the Court ordered that it was categorically stated by the respondents that the University was providing 5% reservation to specially abled persons.
The Court opined that since the respondent University was providing reservation to the extent of 5% to specially abled persons in respect of all courses keeping in view the RPWD Act, no further order was required to be passed in the present matter.
The Court directed the respondent University as well as the State Government to ensure that in all the educational institutions, the statutory provisions governing the field under the RPWD Act were followed and 5% reservation was provided to specially abled persons. The Court further directed the respondent to make all possible endeavour for filling up the seats meant for specially abled persons by providing reservation to all categories of specially abled persons.
[Justice For All v. State (NCT of Delhi), 2023 SCC OnLine Del 4609, Order dated 25-07-2023]
Advocates who appeared in this case :
For Petitioner: Khagesh B. Jha, Shikha Sharma, Advocates;
For Respondents: Santosh Kumar Tripathi, Standing Counsel; Arun Panwar, Pradyumn Rao, Mahak Rankawat, Utkarsh Singh, Kartik Sharma, Prashansha Sharma, Advocates for GNCTD; Pritish Sabharwal, ASC for GGSIPU.
Buy Constitution of India HERE
