Reservations under Disability quota : Delhi HC
In the instant case petitioner named Vaibhav Bajaj who was suffering from dyslexia wanted to get admission in either Shri Guru Gobind Singh College Of Commerce or Kirori Mal College as due to his medical insufficiency he was unable to travel far places and was largely dependent on his parents and his family. However the percentage he scored in XIIth standard was quite less than the one required by both the colleges for seats reserved for Persons With Disabilities as per section 32 of the RPWD Act.
The petitioner contended that the respondent colleges were standing in violation of sections 32 and 34 of the RPWD Act as the special condition of the petitioner was not accommodated while making provisions for admissions. Also he argued that treating persons with intellectual disability and persons with locomotor disability equally by fixing same cutoffs for both is arbitrary. However the respondent submitted that the cut off procedure was very scientific and is gradually lowered to to also accommodate persons with disabilities but if the cut offs are lowered to an excessive level there would be over admissions.
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The court while acknowledging the fact there is qualitative distinction between intellectually disabled persons and locomotor disability refused to issue the writ of mandamus stating that writs cannot be issued solely with the motive of compassion or sympathy. Court believed that it was the University and the colleges who are responsible for the lowering down of cut offs for the disabled people and court cannot mandate the same since there is no expressive power given to the courts by the RPWD Act .
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