The Supreme Court of India directed that all government educational institutions and others receiving aid from the government shall reserve at least 5 per cent seats for persons with disabilities while making admission of students in educational courses of higher education each year or consequential action shall be initiated against defaulting institutions.
“We direct that all those institutions which are covered by the obligations provided under Section 32 of the Disabilities Act, 2016 shall comply with the provisions of Section 32 while making admission of students in educational courses of higher education each year. To this end, they shall submit list of the number of disabled persons admitted in each course every year to the Chief Commissioner and/or the State Commissioner (as the case may be). It will also be the duty of the Chief Commissioner as well as the State Commissioner to enquire as to whether these educational institutions have fulfilled the aforesaid obligation. Needless to mention, appropriate consequential action against those educational institutions, as provided under Section 89 of the Disabilities Act, 2016 as well as other provisions, shall be initiated against defaulting institutions”, a Division Bench of the Court said.
The Court also ordered that insofar as law colleges are concerned, intimation in this behalf shall be sent by those institutions to the Bar Council of India (BCI) as well. Other educational institutions will notify the compliance, each year, to the University Grants Commission (UGC).
The Court directed UGC to form a Committee that shall undertake a detailed study for making provisions in respect of accessibility as well as pedagogy for students with disabilities and would also suggest the modalities for implementing the suggestions handed over to the Court by petitioners, their funding and monitoring, etc.