SC with Ms. Shikha Sood and Mr. Rahul Bharti, Advocates with v. INSTITUTE OF HUMAN BEHAVIOUR AND ALLIED SCIENCES ANR

O R D E R 12.02.2025 The present petition seeks a direction to Respondent No. 1 to grant admission to the petitioner in the M.Phil. Clinical Psychology course for the academic year 2024-26 and a direction for Respondent No. 1 to comply with Section 32 of the Rights of Persons with Disabilities Act, 2016 ("PWD Act") by providing a 5% reservation for persons with benchmark disabilities

2. Brief facts of the case are that the petitioner had completed B.A. and M.A. in Psychology from the University of Delhi and is a "Person with Benchmark Disability" under the PWD Act. He applied for admission to the M.Phil. in Clinical Psychology Course for academic This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/02/2025 at 12:10:58 session 2024-26, indicating his disability status in the application form. However, learned counsel for the petitioner submits that the petitioner was erroneously categorized under the 'unreserved' category instead of the 'PH' category and despite bringing this to the notice of Respondent No. 1 through email and formal representation, no corrective action was taken.

3. Learned counsel for the petitioner submits that Section 32 of the PWD Act mandates a 5% reservation for persons with benchmark disabilities in higher education institutions. However, the prospectus for the M.Phil. in Clinical Psychology course at IHBAS for the academic year 2024-26 does not allocate any such seats out of the total 11 for persons with disabilities.

4. Learned counsel for the petitioner further submits that in response to an RTI application, Respondent No. 1, via reply dated 22.10.2024, disclosed that it maintains only a 3% reservation for PWD/PH candidates, as approved by the M.Phil. Committee, with one seat allocated every three years and Accordingly, that candidates in the PH/PwD category were admitted in 2016, 2019, and 2023.

5. Learned counsel for the petitioner submits that the 3% reservation being maintained by respondent no. 1 is in total violation of the PWD Act.

6. Mr. Tushar Sannu, learned Standing Counsel for Respondent No. 1, submits that the M.Phil. in Clinical Psychology course is conducted under the supervision of the M.Phil. Committee of the University of Delhi. He submitted that in a meeting on 02.08.2015, chaired by the Head of the Department of Psychiatry, UCMS, University of This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/02/2025 at 12:10:58 Delhi/Respondent No. 2, the Committee approved a 3% reservation for PWD candidates and since 2015, IHBAS has continued to follow this policy. It has been submitted that Respondent no. 1/IHBAS submitted the proposed reservation roster for the 2024-26 M.Phil. batch to Respondent No. 2 for approval via a letter dated 28.08.2024 and in response, the Faculty of Medical Science, University of Delhi, on 05.09.2024, advised IHBAS to continue following past practices regarding the reservation roster. Additionally, it has been submitted even the Rehabilitation Council of India (Respondent No. 3) sanctioned an intake of 11 students for the 2024-26 session. Learned counsel for Respondent no. 1 has also submitted that though inadvertently, the reservation for PWD candidates was not mentioned in the prospectus but the reservation was duly recorded @ 3%. It has been submitted that now all seats have already been filled, with the course commencing in November 2024.

7. Ms. Chetna Singh, learned counsel for Respondent No. 2, states that the University of Delhi has filed a counter affidavit. However, it is not on record, let it be brought on record. A physical copy of the same has been handed over in court today for perusal.

8. It has been stated in the counter affidavit that Respondent no. 2vide the reply dated 05.09.2024 had informed the Respondent no. 1 with regard to the reservation roster and Respondent no. 1 was requested to follow the practice being observed in the past keeping in view the reservation policy of the Government of India. It has been submitted that Respondent no. 2 has a limited role in the admission process, which is primarily determined by Respondent No. 1. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/02/2025 at 12:10:58

9. The PWD Act was duly given assent by the President of India on

27.12.2016 and it was duly notified on 19.04.2017. It was enacted to give effect to the United Nations Convention on the Right of Persons with Disabilities and for matter connected therewith or incidental thereto.

10. The United Nations Convention on the Right of Persons with Disabilities lays down the following principles for empowerment of persons with disability:- a. Respect for inherent dignity, individual autonomy including the freedom to make one's own choices, and independence of persons; b. Non-discrimination; c. Full and effective participation and inclusion in society; d. Respect for difference and acceptance of persons with disabilities as part of human diversity and humanity; e. Equality of opportunity; f. Accessibility; g. Equality between men and women; h. Respect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to preserve their identities.

11. Before dwelling into the controversy involved in the present matter, it is essential to discuss Section 32 of the PWD Act which provides as under:- “Reservation in higher educational institutions. (1) All Government institutions of higher education and other higher education institutions receiving aid from the This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/02/2025 at 12:10:58 Government shall reserve not less than five per cent seats for persons with benchmark disabilities. (2) The persons with benchmark disabilities shall be given an upper age relaxation of five years for admission in institutions of higher education.”

12. There cannot be any quarrel to the proposition that pursuant to the legislation, all government institutions of higher education and other high education institutions receiving aids from the government are legally required to reserve at least 5% of seats for persons with benchmark disabilities. In the present case, it is not disputed that Respondent No. 1 is a government institution and that the petitioner also qualifies as a person with a benchmark disability. Furthermore, it is undisputed that the petitioner applied for the 2024-26 M.Phil. in Clinical Psychology course duly indicating his disability status in the application form and met the qualifying criteria for admission. 13. The Court finds that IHBAS's contention regarding the continued adherence to the 3% reservation policy based on the Minutes of the 41st M.Phil. Clinical Psychology Committee meeting dated

02.08.2015 cannot be sustained in view of the specific provision in the PWD Act. The reliance on an outdated policy contradicts the statutory mandate of a 5% reservation.

14. In light of these circumstances, the respondents are directed to immediately amend their reservation policy to ensure compliance with the 5% reservation requirement under Section 32 of the PWD Act and pursuant to the amendment, if the petitioner fulfills all other eligibility criteria, he shall be granted admission to the M.Phil. Clinical Psychology course (2024-26) at IHBAS. The amendment and This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/02/2025 at 12:10:58 the petitioner‘s admission to the M.Phil. Clinical Psychology course at IHBAS shall be completed within 4 weeks.

15. In view of the above, the present petition alongwith pending applications, if any, stands disposed of. FEBRUARY 12, 2025 N/SMG DINESH KUMAR SHARMA, J This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/02/2025 at 12:10:58