Delhi High Court Orders Indian Nursing Council To Consider Representation On Inclusive Disability Reservation In B.Sc. Nursing Program

The Delhi High Court has directed the Indian Nursing Council (INC) to address a representation challenging Clause 8 of the 'Admission Terms and Conditions' under the Revised Regulations and Curriculum for B.Sc. (Nursing Program) Regulations, 2020.

The court has ordered that the current writ petition be treated as a formal representation to INC, which must decide on the matter in accordance with the law, preferably within four weeks.

The division bench of Acting Chief Justice Manmohan And Justice Manmeet Pritam Singh Arora presiding over the case held, “A perusal of the paper book reveals that the petitioner has made various representations to respondent no.3, which have not been responded till date.

“Keeping in view the aforesaid, this Court directs the present writ petition to be treated as a representation to respondent no.3, who in turn, is directed to decide the same in accordance with law, as expeditiously as possible preferably within four weeks,” the division bench while disposing of the writ petition while leaving the rights and contentions of all the parties open.

The public interest petition was filed by Dr. Satendra Singh, a Doctor in Medicine who is the Founder and Organizational Head of 'Doctors with Disabilities: Agents of Change' which is a pan-India group of health professionals with disabilities in India, including nurses with disabilities.

The petitioner sought the issuance of directions to the respondents to formulate new nursing regulations that accommodate reservations for all persons with disabilities, as identified by the Rights of Persons with Disabilities Act, 2016. Additionally, the petitioner requested that comments be invited from the general public before notifying the amended nursing regulations to allow Persons with Disabilities to express their views.

The petitioner's counsel argued that Clause 8 provides reservations for disabled candidates with a loco-motor disability of 40% to 50% in the lower extremity only. He contended that this clause excludes persons with other disabilities such as Muscular Dystrophy, Dwarfism, Acid Attack Victims, Low Vision, Hearing Impairment, Speech Disability, Intellectual Disability, etc.

The counsel further submitted that the clause constitutes discrimination based on disability, without any proportionate means of achieving a legitimate aim. It results in discrimination among Persons with Disabilities based on the nature of their disability.

He stated that restricting the eligibility criteria for pursuing B.Sc. (Nursing) and B.Sc. (Hons.) Nursing courses to candidates with a loco-motor disability of 40% to 50% in the lower extremity deprives many other disabled candidates of the opportunity to apply for these courses. Such a clause, he argued, contravenes the objectives of the Rights of Persons with Disabilities Act, 2016. It also adversely affects the job prospects of Persons with Disabilities other than those with the specified loco-motor disability, as it imposes artificial barriers at the admission stage, significantly reducing their chances of suitable employment.

The counsel pointed out that the National Testing Agency (NTA), through a Public Notice dated 6th August 2021, reduced the reservation for persons with disabilities from 5% to 3% for B.Sc. Nursing/B.Sc. (Hons.) Nursing course aspirants, in violation of Section 32 of the Rights of Persons with Disabilities Act, 2016. He noted that the 3% reservation was to be applied to candidates with a loco-motor disability of 40% to 50% in the lower extremity.

He argued that the unilateral reduction of the reservation percentage from 5% to 3% violates Section 32(1) of the Rights of Persons with Disabilities Act, 2016, and also contravenes Article 14 of the Constitution of India.

In response, the counsel for the NTA, appearing at the pre-notice stage, stated that the Public Notice dated 6th August 2021 was prepared in accordance with the guidelines and policies of the INC.

Case Title: Dr. Satendra Singh Vas Union Of India & Ors.

Citation: 2024 LiveLaw (Del) 651

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