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In Aryan Raj v. Chandigarh Administration and Ors. Civil Appeal No. 2718 of 2020, the Hon'ble Supreme Court of India held that the disabled are entitled to the same rights as the Scheduled Caste and Scheduled Tribes Candidates. It has been seen in India that the rights of the disabled haven't been recognized much, a lot of places are not disable friendly which gives them the feeling of being outcasted.
Though the appeal before the SC has become pointless since the seat reserved for handicapped was already given to respondent no. 5, however, the petitioner's counsel stated that the "impugned judgment dated 31.07.2019 will come in his way even if e has to apply afresh for the current year". The judgment has held against the appellant on 2 points. Firstly, the bifurcation enshrined under Section 34 of the Rights of Persons with Disabilities Act, 2016 won't apply, secondly, the aptitude test has to be passed by the appellant and the same cannot be exempted.
The court agreed on the first point, but on the second point though the court agreed on granting no exemption, the same benefits extended to SC and ST would be available as the disabled are also socially backward. The Supreme Court was of the view that 35% is required by the SC and ST to pass the aptitude test and the same would be required by the disabled as well. Thus the passing marks establish equality between the socially backward.
The three judges bench comprising of Justice Rohinton Fali Nariman, Justice Navin Sinha and Justice B.R. Gavai have thus established a very important judgment for the rights of the disabled section of the society. The appellant could now apply to the Government College of Art for the next year if he is fit to pursue the course in painting. Thus establishing parity between the socially backward classes of SC, ST, and the Disabled.
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