Shivangi Prakash-
According to the Madhya Pradesh High Court’s Jabalpur Bench, vertical reservation can be granted in favour of Scheduled Castes, Scheduled Tribes, and Other Backward Classes under Article 16(4) of the Constitution of India, while horizontal reservation can be granted in favour of physically handicapped under Article 16(1) of the Constitution of India.
It further stated that the reservation made to a physically challenged person under Article 16(1) would be adjusted for computation purposes against their respective categories.
The aim behind the Persons with Disabilities (Equal Opportunities, Protection of Rights, and Full Participation) Act, 1995, and the Rights of Persons with Disabilities Act, 2016. , were considered by a division bench led by Chief Justice Mohammad Rafiq and Justice Vijay Kumar.
They stated that it is intended to assist those who have been afflicted by fate with various types of disabilities and to allow them to participate in society as fully as any other able-bodied person.
The Court further noted that, notwithstanding the Courts’ progressive actions and the Government’s initiatives, the Act of 2016 is still far from being fully implemented.
It remarked,
“The disabled are victims of discrimination in spite of the beneficial provisions of the Act. The entire struggle of this class of citizens is that they have to fight at two fronts, first is the disablement which the destiny has thrust upon them to override the difficulties in their life and second is the mindset of the society in which they live and their bias that this class would not be able to discharge duties as effectively as the other able bodied persons can do.”
The Court noted that the aim behind enacting the Act of 1995 and after that the Act of 2016 would be evident from the introductory part of the statute and the statement of objects and reasons and their preamble. It was noted,
“Both the enactments were intended to give a succour to those upon whom the destiny has inflicted various kinds of disabilities and to provide them an opportunity to participate in the social milieu like any other able bodied person. The Act of 1995 was enacted with a view to implementing proclamation on the full participation and equality of the people with disabilities in the Asian and Pacific region, in which India was one of the signatories.”
It was also argued that horizontal reservation could not be claimed as a matter of right because it is contingent on overall merit in the category. Even in the horizontal reservation, the minimum set conditions must be met, and merit cannot be completely disregarded.
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