SHIVANGI SHARMA Vs. STATE OF J&K AND OTHERS

JUDGEMENT

(1.) Law mandates the State to provide reservation to the persons belonging to Scheduled Castes/Scheduled Tribes Category. Law also puts an obligation on the State to provide reservation to the differently abled persons, who fit into the definition of "disability" as defined in Section 2(d) of Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. In tune with this legal obligation, the provisions are made for providing such reservations to SC/ST categories on the one hand and the disabled persons on the other hand, not only in the employment, but for admissions to educational institutions as well. In order to ensure that these categories are able to get the fruits of these reservations in reality, and that provision does not remain only on papers, provision for relaxed standards are also made, i.e., rigours of the standards applicable for General Category/Unreserved Categories are softened and relaxed for these categories. So far so good, as this is in tune with the Constitutional mandate. However, an important issue raised by petitioner in the present petition, is: whether the extent and quantum of this relaxation can be different for disabled qua SC/ST categories. To put it straight, respondent University has provided concession of marks in the minimum eligibility requirements for candidates belonging to SC/ST. However in case of Persons with Disabilities, relaxation is nowhere provided. Whether different treatment to the two categories is permissible under law or it amounts to hostile discrimination insofar as disability category is concerned, is the issue needs to be examined in the present petition. The petitioner is possessed of Degree in B.A. She is physically disabled person with 75% permanent disability due to 'Cerebral Palsy' disease, as is discernible from the certificate concomitant with the writ petition. With this kind of disability, indubitably, she is governed by the definition of disability under the Disabilities Act.

(2.) Petitioner, through medium of instant petition, is seeking quashment of Admission Notification-2015 issued by the Dean Academic Affairs, University of Jammu, Jammu, under endorsement No. DAA/15/1478-1525 dated 04.07.2015 pursuant to which schedule for the candidates for admission to various academic programmes of the University / Offsite Campuses/Affiliated Colleges for the Academic Session 2015-16 was notified in absence of providing reservation to the candidates with disabilities (Orthopedically Handicapped and Blind Candidates), Supernumerary 3%, in terms of Statute 6-B(x) providing break up to the reserved categories wherein the relevant category of the petitioner figures at Category-X of the Jammu University Entrance Test Prospectus-2015; with a further direction to adhere to/follow Statute 6-B category-(x) providing for reservation of the candidates with disabilities (Orthopedically Handicapped and Blind Candidates) Supernumerary 3% and thereafter consider the petitioner for her reservation to undergo Masters' Degree in Sociology in the aforementioned category while providing relaxation in qualifying marks from 30% to 25% on the analogy and principle on which such facility came to be provided to the Scheduled Caste and Scheduled Tribe categories.

(3.) The facts-in-brief as pleaded in the writ petition are that respondent University issued Advertisement for admission to various academic programmes of the University of Jammu, Jammu/ Offsite Campuses/Affiliated Colleges for the Academic Session 2015-2016 through a Common Entrance Test JUET 2015, in which petitioner also participated for being admitted to pursue Master's Degree in Sociology in Jammu University. Accordingly, she appeared in the Entrance Test and secured 42.5 marks. Perusal of Admission Notification issued by Jammu University under endorsement No. DAA/15/1478-1525 dated 04.07.2015, inter alia, provides that qualification marks for both Post Graduation and Under Graduation were to remain same, i.e., 30% marks for General category and 25% for SC and ST categories. It is contended that in the Notification, reservation slots have been provided for SC/ST categories and other categories have been blacked out. It is also contended that slot for the Handicapped Category as contemplated under category 6-B (x) of the Statute governing admission has not been provided. For facility of reference, relevant provision, i.e., Statute 6-B (x) governing admissions is reproduced herein below:-