Persons with Disabilities Get Same Benefits as SC/ST Candidates

According to a judgment passed by the Supreme Court of India on 08 July 2020, the Persons with Disabilities have also declared as socially backward. Hence, now the disabled people in India are eligible to avail the same benefits as the Scheduled Caste (SC) and Scheduled Tribe (ST) candidates. This will help PwDs in getting same percentage cut-off in public-sector employment opportunities and education.

This decision was originally taken by a bench of three judges led by Justices Rohinton Fali Nariman of the Delhi High Court in 2012, in Anmol Bhandari (a minor) vs. Delhi Technological University case.

SEE THE COURT JUDGEMENT

On 08 July, the Supreme Court upheld this decision of the Delhi High Court, after a petition filed by the advocates of Aryan Raj, a Person with Special Needs, against the Government College of Arts, Chandigarh. Apparently the college refused to provide grace in minimum passing marks to Mr. Raj in the painting and applied arts course

On this decision of college, the Supreme Court declared that minimum qualifying marks for Persons with Disabilities should be 35% — exactly same as required for the Scheduled Caste/Scheduled Tribe candidates, and not 40% as announced by the college. Furthermore the Court also allowed Mr. Raj to again apply for the current year.

Quoting the Delhi High Court decision, the Supreme Court emphasized on curating new courses, keeping in mind the needs of students with intellectual disability. As such mentally challenged persons have various kind of specific limitations that are not faced by the physically challenged persons. Also the honorable Court directed to increase the number of seats in painting and applied arts section so as to accommodate more students with intellectual disabilities.

This new grace in minimum passing percentage will be beneficial for physically and mentally challenged persons. Such candidates often lose out on many opportunities of getting jobs in public sector or in getting admission in schools/colleges. It happens because PwDs find it difficult to compete with able-bodies candidates and secure the same minimum passing percentage.