New Delhi, Sept. 16 – In a judgment watched closely by disability rights groups, the Delhi High Court highlighted gaps in India’s disability reservation policy for higher education. The bench, led by Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela, disposed of a petition filed by Ms. Jahanvi Nagpal but nudged the government to reconsider the law itself.
Background
Nagpal, a medical aspirant, sought a seat under the Persons with Disabilities (PwD) quota in the NEET-UG 2022 cycle. Her grievance was simple: when seats reserved for persons with “benchmark disabilities” (minimum 40% disability) remain vacant, they are handed back to the general category instead of candidates with lesser disabilities. “This defeats the very spirit of inclusion,” argued her counsel, pointing to a 2023 Delhi High Court order stressing that such vacancies should ideally help more persons with disabilities.
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Court’s Observations
The bench agreed that the Rights of Persons with Disabilities (RPwD) Act, 2016 clearly distinguishes between “persons with disability” and “persons with benchmark disability.” Section 32, which mandates at least 5% seats in higher education for benchmark disabilities, contains no clause to carry forward unfilled seats or divert them to others with milder disabilities.
“The statute must be read as it is, without adding what the legislature has not provided,” the court said. Yet it also noted the broader constitutional promise of equality. Citing the Supreme Court’s Vikash Kumar ruling, the judges stressed that “reasonable accommodation” for persons with any disability is a constitutional obligation.
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Decision
While declining to rewrite the law themselves, the judges underscored the urgency for reform. “It is the need of the hour for Union of India to address these issues,” the order stated. The bench formally requested the Law Commission of India to study the matter and recommend amendments so that vacant reserved seats can either be carried forward or allotted to candidates with lesser disabilities. With that recommendation, the petition was disposed of.
Case Title: Ms. Jahanvi Nagpal vs. Union of India & Others
Case No.: W.P.(C) 1975/2023
Judgment Date: 16 September 2025
