Kerala HC dismisses SC/ST candidates' challenge to separate reservations for disabled person in NEET

Kerala High Court has said that different quantum of reservation for SC/ST, PwD in NEET do not violate Article 14 that suggest equality before the law or equal protection of the laws within the territory of India.

While dismissing a petition challenging the PwD (Persons with disabilities) quota, the Kerala High Court has held that different quantum of reservation for SC/ST and PwD in NEET (National Eligibility cum Entrance Test) does not violate their right to equality.

Justice N Nagaresh said, "There is no violation of Article 14, as Article 14 postulates equal treatment for equally placed persons that is to say unequals can be treated unequally. To be more precise, differential treatment is permissible when it comes to unequals. Persons claiming social reservation fall in one compartment and persons with disabilities who are included in the quota fall on a different distinct compartment so there arises no question of violation of Article 14 of the Constitution," as reported by Bar and Bench.

"The State can provide for separate and exclusive channels of entry or sources of admission the validity whereof cannot be determined on the constitutional principles applicable to communal reservations. Such two channels of entry or two sources of admission are valid provisions, when the classification is based on an intelligible differentia with a laudable object sought to be achieved," he added.

"Persons having disability form a homogenous class by themselves where disability is not on the basis of social backwardness but on the basis of physical disability. It is relevant to point out that the claim of the petitioners for reservation is traceable to Article 15 which is an enabling right, the claim of the PWD persons traces to a statute promulgated for the purpose of implementation of a Constitutional mandate. Therefore, it is by virtue of the statute, persons with disability are treated as a homogenous class irrespective of social classification," the single-judge said.

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