Reservation Applicable only in Government Institutions

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

Filed under: Section 39 of Persons with Disabilities Act, 1995
Appellant: Harsha Shivaram
Respondent: National Law School of India (Deemed University), Bangalore
Citation: I.L.R.1996 Kar 902
Court: In the High Court of Bangalore
Judge: G.C. Bharuka

This is a petition filed by Harsha Shivaram questioning the failure of an educational institution to reserve seats under the physically handicapped category and admit him under it.

Facts

Harsha Shivaram was a student who took the entrance test held by National Law School of India University (NLSIU), Bangalore for the five years Law Course. But his ranking in the merit list being 499, he could not secure admission. Subsequently he filed the present writ petition claiming that he is a disabled person with deficient eyesight and therefore he is entitled to a seat as per the provisions contained in Section 39 of the Persons with Disabilities Act.

Arguments made on behalf of the University:

It was argued on behalf of the University that it is a self-financing university and does not receive any aid from the Government; also, the land over which the University has set up its infrastructure was owned by the Bangalore University and had been given on lease to the NLSIU, Bangalore.

Observations of the Court

The Court referred to Section 39 of the Act, which clearly shows that reservation of 3% for persons with disability is required to be provided in the government educational institutions and institutions receiving aid from the government.

The Court observed that in the present case the University neither is a government educational institution nor is it receiving any aid from the government, thus Section 39 was not applicable in this case and that it was the exclusive prerogative of the University to take any decision regarding reservation. Thus, the writ petition was dismissed.

Sections Referred:

Section 39 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995