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‘As much as the Court may wish to intervene on behalf of a deserving candidate, it cannot overstep its jurisdiction by altering the established norms and benchmarks.’
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.
The Court reiterated the observations of the Supreme Court in the case of Exploitation of Children in Orphanages in State of Tamil Nadu v. Union of India, (2017) 5 SCC 578, that it would be extremely unfortunate if the Governments voluntarily and knowingly flouted the provisions of law solemnly enacted by Parliament.
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.
A pension of Rs. 500 to Rs. 900 per month is being given by the State Government to persons with disability, under the State sponsored Scheme Madhu Babu Pension Yojna as per their eligibility.
Allahabad High Court said that any relative or friend of the person lying in comatose state points out that guardian is not acting in the best interest of the person lying in comatose state, such person will also have the locus to approach this Court for issuance of proper direction and for removal of the guardian.
“Guru Gobind Singh Indraprastha University and the State Government are directed to ensure that in all educational institutions, the statutory provisions governing the field under the Rights of Persons with Disabilities Act, 2016 are followed and 5% reservation is provided to specially abled persons.”
Rajasthan High Court: The Division Bench of Satish Kumar Sharma and Indrajit Mahanty, JJ., dismissed the petition remitting the matter to State
Supreme Court: Considering the need of complying with the judgment rendered in Justice Sunanda Bhandare Foundation vs. Union of India, (2014) 14