Admission relief to PwD aspirant whom IP Univ had rejected

New Delhi: In a landmark ruling, Delhi High Court has extended the reservation benefits under the Persons with Disabilities (PwD) Act to private professional institutions in the city. This judgment quashes the cancellation of a candidate’s admission by Guru Gobind Singh Indraprastha University and confirms his admission with all consequential benefits. The candidate had filed a petition and sought admission to Vivekananda Institute of Professional Studies (VIPS).The judgment was pronounced on May 24.The twenty-year-old student, diagnosed with mild mental retardation, has been at the centre of a legal battle for disability rights in higher education. He received educational support as per CBSE guidelines, including studying one compulsory language, extra exam time and some leniency for spelling and grammar errors. Despite these measures, he faced challenges in securing admission to Guru Gobind Singh Indraprastha University.The case hinged on the interpretation of the Rights of Persons with Disabilities (RPwD) Act, 2016, and the Delhi Professional Colleges or Institutions (DPCI) Act, 2007. While the RPwD Act applies primarily to govt and govt-aided institutions, the high court ruled that the provisions must also apply to private institutions by virtue of Section 12(2)(c) of the DPCI Act.Further, the 2016 Act requires all govt institutions of higher education and other higher education institutions receiving aid from govt to reserve not less than 5% seats for persons with benchmark disabilities and to give an upper-age relaxation of five years for admission.The university argued that the PwD Act was restricted to govt institutions and institutions aided by govt and hence, “no PwD reservation entitlement in the matter of admission to VIPS can be sought on the basis of Section 12(2)(c) of the DPCIA.”However, the high court rejected this argument, emphasising that Section 12(2)(c) should be interpreted to apply mutatis mutandis to private institutions.The court also addressed the university’s demand for additional documents to support the disability certificate issued by a govt hospital. It ruled this demand as “completely unjustified” and “illegal,” affirming that GGSIPU could not question the validity of a certificate issued by a competent authority.The petitioner’s documents verified by the university confirmed his status asa PwD candidate, the court added.Upholding the petitioner’s admission, the court stated, “The impugned communications dated Sept 5, 2023 and Sept 6, 2023 are quashed and set aside, in so far as they treat the petitioner as ineligible for PwD reservation for admission to the five-year integrated BA LLB and BBA LLB courses in the VIPS. The admission of the petitioner is held to be regular.”This ruling sets a significant precedent, ensuring that PwD students in Delhi have equal access to education in private professional institutions, thereby broadening the scope of inclusivity and support for disabled students.