- —Section 8—disabled person’s quota—service of AJ&K— Notification dated 4.8.1990, circular dated 4.10.2012 and circular dated 26.12.2015—writ—admission policy—medical institution—High Court on the basis of circular dated 4.10.2012 and 4.8.1990 directed to amend the admission policy and raise the quota for disabled persons from 1% to 2 %—-Both these circulars/ notifications do not refer to any percentage of quota—except section 8 of Act, no other notification or provision is holding the filed which may fix the quota for disabled persons—Held: In the circular dated 26.12.2015, only 1 % quota is reserved for disabled persons. Azad Govt.& others vs Isma Sharif & another 2018 SCR 505 (A, B & C)
- –Section 8—disabled person’s quota— 1%—argument that quota relates only to the services and not for educational institutions—- according to the policy and practice the quota of 1% is already admitted and executed—Held:the purpose of enforcement of Act cannot be strictly confined to the services because the intention of the legislature is to provide law for employment, rehabilitation and welfare of the disabled persons. Azad Govt.& others vs Isma Sharif & another 2018 SCR 505 (D)
- —Disabled person’s quota—desire for increase— arguments that due to disastrous Earthquake, the number of disabled persons has increased which demands for increase in quota for disabled persons upto more than 3% as available in Punjab—Held: it is the job of the Government, executive or legislature and the Court cannot legislate—Desired that the concerned authority and legislative bodies should take necessary steps. Azad Govt.& others vs Isma Sharif & another 2018 SCR 505 (E)
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