- (1.) The question which arises in this writ petition under Article 32 of the Constitution of India is, whether a person with benchmark disability of low vision, within the meaning of Section 2(r), read with Clause 1B of the Schedule, of the Rights of Persons with Disabilities Act, 2016 (hereinafter referred to as the '2016 Act') can be denied the benefit of reservation for admission to the MBBS Medical Course.
(2.) On 13th December, 2006, the United Nations General Assembly adopted the United Nations' Convention on the Rights of Persons with Disabilities, which inter alia lays down the following principles for empowerment of persons with disabilities: (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.
(3.) India ratified the United Nations' Convention on the Rights of Persons with Disabilities on 1st October, 2007. The 2016 Act has been enacted to give effect to the United Nations' Convention on the Rights of Persons with Disabilities and for matters connected therewith or incidental thereto. The Right to Equality envisaged under Articles 14 and 15 of the Constitution of India contemplates equal rights in every respect including equal right to be considered for admission to educational institutions and related benefits.;