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1. The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 ("the 1995 PWD Act") was repealed by Section 102(1) of the Right of Persons with Disabilities Act, 2016 ("the 2016 RPWD Act"). The concept of W.P.(C) 12027/2023 Digitally Signed By:AJIT Page 1 of 28 Digitally Signed KUMAR By:CHANDRASHEKHARAN HARI SHANKAR Signing Date:24.05.2024 Signing Date:24.05.2024 18:24:40 18:23:34 "mental retardation", contained in the 1995 PWD Act and defined in Section 2(r)1 thereof gave way, with the advance understanding of disabilities to the expression "intellectual disability", as defined in Clause 2 of the Schedule to the 2016 RPWD Act, which reads thus:

***** 9.6 Persons with Disabilities (PWD) PH/PWD seats in Government Colleges shall be 5% in accordance with the provisions of 'The Rights of Persons with Disabilities Act 2016' (PWD ACT) while it shall be as W.P.(C) 12027/2023 Digitally Signed By:AJIT Page 8 of 28 Digitally Signed KUMAR By:CHANDRASHEKHARAN HARI SHANKAR Signing Date:24.05.2024 Signing Date:24.05.2024 18:24:40 18:23:34 per policy of Govt. of NCT of Delhi in Self Financing Institutions. All the candidates who furnish PWD certificate from any Government Hospital located in Delhi or Outside Delhi under the provisions of 'The Rights of Persons with Disabilities Act 2016, shall be eligible for claiming reservation on Delhi and Outside Delhi seats (based on the location of their qualifying exam). Reservation of seats for persons with benchmark disabilities is open to all specified categories."

12. The 1995 PWD Act does not make any reference to intellectual disability. "Person with disability" is defined in Section 2(t) of the 1995 PWD Act, as "person suffering from not less than forty per cent of any disability as certified by the medical authority". The definition of "disability" in Section 2(i) of the 1995 PWD Act includes, in Clause (vi), "mental retardation". A combined reading of the result of the psychometric evaluation of the petitioner, as conducted by the child psychologist Renu Goyal and the Disability Certificate dated 5 July 2023 issued by Dr. Baba Saheb Ambedkar Hospital makes it clear that the petitioner has 50% intellectual disability (under the 2016 RPWD Act) or mental retardation (under the 1995 PWD Act). Indeed, Mr. Yeeshu Jain, learned Counsel for the respondent, too, did not seek not less than three per cent seats for persons with disabilities.

"15. It is to put it on record that as per the submissions of the University in affidavit and in accordance with the directions of the Hon'ble High Court of Delhi, University is duty bound to comply with the provisions of Rights of Persons With Disability Act, 2016 in accordance with Section 32 of the RPWD Act, 2016.
16. The provisions of RPWD Act, 2016 is only applicable to Government Institutes and Government Aided Institutes and in respect of unaided Institutes there is no directions in the RPWD Act, 2016. Therefore, the Act and the Rules prevailing as on date shall be applicable which mandates that the reservation for PWD category will be in accordance with the provisions of the Delhi Professional Colleges and institutions Act, 2007 and Rules, 2007 made thereunder.