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A notice was issued to six National Law Universities (NLUs) on 2nd July by the Supreme Court bench comprising Justice SA Bobde and Justice LN Rao to implement 5 percent reservation quota for specially-abled students next year onwards as the admission process for the current year is at its final stages. This was in response to a writ petition filed by a trainee of a non-profit organization Increasing Diversity by Increasing Access to Legal Education (IDIA) seeking the issuance of a writ of mandamus to the respondent NLUs for reserving not less than five percent seats for persons with benchmark disabilities. The six NLUs are Hidayatullah National Law University, Raipur; Maharashtra National Law University, Aurangabad; Maharashtra National Law University, Nagpur; National Law University, Orissa; and National University of Study and Research in Law, Ranchi. A similar petition had been filed by Managing Trustee of IDIA Charitable Trust, Shamnad Basheer where the court has made admissions under the PwD and NRI categories subject to the petition outcome. Subsequently, both the matters were tagged together and the notice was issued.
The petitioners argued that as per the RPwD Act which came into force in 2016, all government and other institutions of higher education receiving aid from the government are entitled to reserve not less than five percent seats for persons with PWD. The petitioners further relied on the apex out the judgment of Disabled Rights Group & Anr. v. Union of India & Ors. involving the application of the abovesaid act. The petitioners remarked that despite such statutory mandates and SC directives, several NLUs have failed to provide the reservations for the PwD.
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