Allahabad High Court Directs RMLNLU To Admit 17-Yrs-Old Student With Learning Disability in BA LLB course

Last Updated on August 30, 2024 by Shagun Behal

Recently, Allahabad high court directed the Ram Manohar Lohia National Law University (RMLNLU), Lucknow to admit a 17 year old student suffering from “Specific Learning Disability in Writing Only” in BA LLB course within PWD Quota. 

“A writ in the nature of mandamus is issued commanding the respondent No.2 University to admit the petitioner in the BA LLB course against the vacancy of physically handicapped quota.” the court ordered.

The 17 year old student- petitioner applied for CLAT 2024 under the Persons With Disability quota and was selected in round 2 counselling in the above said University- respondent. The petitioner’s disability certificate was issued by the Department of Psychiatry And National Drug Dependence Treatment Centre (NDDTC), AIIMS, South Delhi which stated  that the petitioner suffered from a “Specific Learning Disability in Writing Only” which was more than 40 % disability. 

The petitioner claimed that he was denied the admission on the ground that the PWD certificate was not in accordance with the university rules. 

The Court observed that as per the Rights of Persons with Disabilities Act, 2016, a permanent PWD certificate could only be issued after attaining the age of 18 years. Therefore, petitioner being 17 years old, could not avail such certificate. 

“Once the Guidelines to the Act, 2016 themselves do not provide for a permanent disability certificate to be issued for children less than 18 years of age and a permanent certificate can only be issued at the age of 18 years as such, in case the petitioner, who is aged less than 18 years, is not having a permanent disability certificate, consequently the same cannot be held against him in order to deprive him of admission….” the court noted.

Thus, the court allowed writ petition directing the admission of the petitioner.

Further, court also ordered petitioner to  submit a permanent disabilitycertificate with the respondent No.2 University within six months of attaining the age of 18 years.

Case- Aakarsh Matta Thru. His Father Manoj Kumar Matta vs. Consortium Of National Law Universities, National Law School Of India Uni. Thru. Secy. And Another 2024