Why in News?

• A bench of Chief Justice of Delhi High Court Satish Chandra Sharma and Justice Saurabh Banerjee has asked the Government of Delhi to ensure the adherence to mandate of the Right of Persons with Disabilities Act, 2016 (RPWD).
  • The mandate calls for the allotment of 5% of reservation for differently abled candidates in all educational institutions.

Background

• The plea was filed by a non-governmental organization, Justice For All against Guru Gobind Singh Indraprastha University to reserve seats for differently abled in accordance with law.
• In May 2023, the High Court has passed an interim order directing the university to provide reservations to disabled candidates for admission in the current academic year.
• The petitioner alleged that the university was providing 3% reservation quota.
• Subsequently, the petitioner moved the contempt application stating that the university did not adhere to the interim order.
• However, the court closed the proceedings after the university filed an affidavit stating that it was providing a 5% reservation.

Court’s Observation

The court observed that the Delhi Government and University shall make all possible endeavor for filling up the seats meant for the specially-persons by providing reservation to all categories of specially abled persons.

Right of Persons with Disabilities Act, 2016 (RPWD)

• The Act was enacted on 28 December 2016 which came into force on 19 April 2017.
• The Act casts responsibility upon the appropriate governments to take effective measures to ensure that the persons with disabilities enjoy their rights equally with others.
• The Act mandates 5% reservation in seats in Government and Government aided higher educational institutions for persons with benchmark disabilities.
• The Act provides for penalties for offences committed against persons with disabilities.

Position in the Constitution of India, 1950

• Article 41 of the Directive Principles of State Policy (DPSP) states that State shall make effective provision for securing right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, within the limits of its economic capacity and development.
• The subject of ‘relief of the disabled and unemployable’ is specified in state list of the Seventh schedule of the Constitution of India.

Interim Order

• According to Section 2 (14) of the Code of Civil Procedure, 1908 (CPC) the word "order" means the formal expression of any decision of a Civil Court which is not a decree.
• Interim Orders are temporary orders by the court to maintain the status quo until the trial ends and also to ensure that no party is harmed by the action of the other party until the suit is finally decided.
• There are two types of interim orders:
  • Directive Order– The courts issue a directive order to direct either party to act in a specific way until the suit is pending.
  • Restraining Order– The courts issue a restraining order to prevent any of the parties from acting in a specific way until the trial ends or a further order is issued.