The Rajasthan High Court allowed several writ petitions and ordered the State Government to provide 20% concession of marks to the disabled quota appearing for the REET(Rajasthan Eligibility Entrance Test). The Hon'ble Court opined that most of the statutory provisions of the Persons with Disabilities Act 2016 had not been complied with, such as the provision of a 'scribe' for the convenience of blind/visually impaired students The Government contended that the policy had been implemented in the past in accordance with the circumstances of the time and the current circumstances did not warrant a quota for the concession of marks, hence the same had not been implemented by the administration. The Court ordered that this practice of not extending the benefit to the subsequent years was arbitrary and opposed to the tenet of equality enshrined in the Constitution.
The opinion emanating from the Court while allowing such petition took into consideration the provisions under the Rights of Persons with Disabilities Act, 2016 ( ‘the Act of 2016’) according to which " the State Government has to take necessary steps to ensure “reasonable accommodation” for persons with disabilities under Section 3(5) of the Act of 2016. “Reasonable accommodation” under Section 2(y) of the Act of 2016 means appropriate modification and adjustments, without imposing a disproportionate or undue burden in a particular case to ensure to persons with disabilities the enjoyment or exercise of rights equally with others.”
This decision of the Rajasthan High Court will go a long way in upholding the rights of the disabled persons who face discrimination in the public entrance examinations. It stands as a decision attempting to establish a certain level of equality between such specially abled individuals and the general public appearing for such exams.
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