Education and Disability

How valid is the 3% reservation?

Three percent Reservation Mandatory

• The Secretary, Educational Department, Goverment of Tamil Nadu, The Director of Medical Education and the Directorate of Medical Education vs. Master J. Rajkumar (Minor) rep. by his father and natural Guardian, D Joseph
• Jitender Pal Kaur vs. State of Rajasthan and Ors
• The Deputy Secretary (Mart), Department of Health and Family Welfare vs. Miss Sanchita Biswas and Ors
• Dr. Vijay K Agarwal vs. State of Rajasthan and others
• Binita Senapati vs. State of Assam
• Hailin Jacob vs. State of Kerala

Instances where three percent Reservation not Applicable to Professional courses

• State of Kerala vs. Mary Joseph

Reservations in Medical Courses

• State of Rajasthan vs. Dr Vijay Kumar Agarwal
• DS Rashmi Ranjan vs. Chairman, Joint Entrance Examination
• Minor Jayeshkumar Dhanabhai Parmar vs. Dean, BJ Medical Admission Cell, Ahmedabad
• Dr. Raman Khanna vs. University of Delhi and Ors
• K. Kiran Kumar vs. Union of India
• Sh Fahad Ansari vs. All India Institute of Medical Sciences (AIIMS)
• Palak Kailashchandra Jain Minor Thro’her Natural Guardian vs. Union of India

Reservation Applicable only in Government Institutions

• Harsha Shivaram vs. National Law School of India (Deemed University), Bangalore

Criteria for Reservation in an Engineering Course

• Naveen Kumar vs. University of Delhi
• Umesh Kumar vs. State of Haryana and Anr

Instances where Reservation not Applicable to PG courses

• Benny vs. State of Kerala

What are the different considerations for admission?

Merit, not Degree of Disability to be Criterion for Admission

• Registrar of Andhra University, Visakhapatnam and Others vs. N. Venkateswarlu
• Vimish Jain vs. Union of India and Another
• Chitra C. vs. State of Kerala
• J Devi vs. Government of Tamil Nadu and Another

Degree of Disability given Consideration over Merit

• S. Murali Krishna and Ors vs. the Principal Secretary to Education Department, Government of A.P. & Ors

Admission in B. Ed Courses

• Surinder Kumar vs. Punjabi University and others

Category Cannot be Changed after Receipt of Application form

• Udit Sehgal vs. University of Delhi

What are the responsibilities of the state towards disabled children?

Free and Cumpulsary Education for all Disabled Children

• Social Jurist vs. Union of India and others
• Rukam Pal Singh and Ors vs. State of Rajasthan

Admission not to be Denied without Concrete Reason

• Dinesh Pareek vs. State of Rajasthan and Ors.

How are the provisions of the Act Interpreted?

Section 39 Applicable only to Employment Posts in Institutions

• Kumari Rekha Tyagi vs. Vice Chancellor, University of Delhi and others

Section 39 Applicable in Admissions

• Dr. Khalid Bin Yusuf Khan vs. Aligarh Muslim University and another

Minimum Percentage of Disability Fixed under the Act

• P.Rajaprabaharan rep.by father and natural guardian Mr. D. Pugazhenthi vs. The Secretary to Government Higher Education Department
• Shiv Kumar Singh Yadav vs. State of U.P. and Others

Guidelines laid down by Expert Body/Agencies cannot be Interfered with

• Manoranjan Deka vs. State of Assam and Ors.

What are the limitations to the privileges accorded to disabled students?

School Education Rules binding on all students

• Ashutosh Rout vs. Director of Education and Anr

Back to Education and Disability

Top