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Supreme Court said that the reservation for the Persons with disabilities has been treated as Horizontal Reservation i.e. the reservation under Clause (1) of Article 16, and not the Vertical reservation i.e. the reservation under Clause (4) of Article 16 of the Constitution of India.
Clause 8 under ‘Admission Terms and Conditions’ of the Indian Nursing Council (Revised) Regulations and Curriculum for B.Sc. (Nursing Program) Regulations, 2020 reserves seats only for candidates with loco-motor disabilities of 40% to 50% of the lower extremity, thereby excluding candidates with other disabilities such as Muscular Dystrophy, Dwarfism, Acid Attack Victims, Low Vision, Hearing Impairment, Speech Disability, and Intellectual Disability.
“If the facilities required by the petitioner are denied, she will not be able to take the examination, which would lead to discrimination that is forbidden by Article 14 of the Constitution of India.”
The petitioner has contended that there is a distinction between making a comedy of a situation (which is permissible) and making a comedy of a condition of disability.
“An act of discrimination is not only a denial of promise of equal protection before the law. Rather, every act of exclusion is an assault on the dignity of a person. Instead of providing an equal space to grow, we have been compelling the persons with disabilities to prove, time and again, that they are capable of a lot more than we think.”
“Rejection of the disability contained the reason that the petitioner is suffering with Locomotor Disability which is a physical disability and the same is assessed as zero per cent, so no certificate is provided to the petitioner with respect to the disability suffered by him.”
Bombay High Court: The Division Bench of M. S. Sonak and Bharat P. Deshpande, JJ., quashed the impugned order of
Supreme Court of Pakistan: While deciding the instant issue concerning the manner of allocation of 2% Disability Quota for employment under the
Karnataka High Court: R. Devdas, J., while dismissing this petition filed under Article 226 and 227 of the Constitution of India observed that
The Union Cabinet chaired by the Prime Minister Narendra Modi has approved the proposal for Creation of two (2) posts of Commissioners