Finalised Disability Access Guidelines For Higher Educational Institutions And Universities : UGC To Supreme Court

A Bench comprising Justices D.Y. Chandrachud and A.S. Bopanna asked the UGC to ensure that the guidelines are monitored and periodical steps are taken for the progress of its implementation.

The Counsel appearing on behalf of the UGC had apprised the Bench that the guideline envisages phase-wise implementation within the time span of 5 years, in order to achieve the purpose of the Rights of Persons with Disabilities Act.

Recording the submissions made by the Counsel for UGC and asking it to monitor the progress of implementation, the Bench disposed of the Miscellaneous Application filed in a Public Interest Litigation ("PIL") for the benefit of persons with disability as defined under the Rights of Persons with Disabilities Act, 2016 [erstwhile Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation Act) 1995].

The said Guidelines have been finalised in terms of the judgment of the Apex Court dated 15.1.2017, directing all institutions of higher education under the control of government or receiving aid from the government to reserve at least 5% seats for persons with disabilities while making admission of students in educational courses each year. Otherwise, it noted, the institutions would face consequential action. The Court had further directed for constitution of a Committee for carrying out a detailed study on the issue of accessibility, in the following term -

"(ii) Insofar as suggestions given by the petitioner in the form of "Guidelines for Accessibility for Students with Disabilities in Universities/Colleges" are concerned, the UGC shall consider the feasibility thereof by constituting a Committee in this behalf. In this Committee, the UGC would be free to include persons from amongst Central Advisory Board, State Advisory Boards, Chief Commissioner of State Commissioners appointed under the Disabilities Act. This Committee shall undertake a detailed study for making provisions in respect of accessibility as well as pedagogy and would also suggest the modalities for implementing those suggestions, their funding and monitoring, etc. The Committee shall also lay down the time limits within which such suggestions could be implemented. The Expert Committee may also consider feasibility of constituting an in-house body in each educational institution (of teachers, staff, students and parents) for taking care of day to day needs of differently abled persons as well as for implementation of the Schemes that would be devised by the Expert Committee. This exercise shall be completed by June 30, 2018."

The Miscellaneous Application was filed subsequently to ensure that the Committee referred to in the judgment dated 15.12.2017 was indeed constituted and steps are taken by it to fulfill its mandate.

Case Title: Disabled Rights Group v. Union of India

Citation : 2022 LiveLaw(SC) 50