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About: 'judgement'

Kerala HC Establishes PWD Students Right to Higher Education

The Kerala High Court, in a recent judgment, Ashwathy v. Union of India and Ors., held that Persons with Disabilities (PwD) have a right not only to basic education but also to higher education. This judgment came as a response to a case filed by a woman suffering from cerebral palsy who was rejected admission to the MBBS course.

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Non-Conformity to UGC Regulations in Constitution of POSH Committee permissible in Educational Institution, if Central Act has been followed: HC

HC dismissed a plea against constitution of a POSH Committee wherein an Associate Professor was appointed as Chairperson instead of a Professor, as prescribed in the UGC Regulations, saying that the Committees to deal with complaints of sexual harassment can be changed if the situation warrants, but not in violation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and the UGC (Prevention, Prohibition and Redressal of Sexual Harassment of Women Employees and Students in Higher Education Institutions) Regulations, 2015 are to be read in consonance with the Act.

 

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Right to Higher Education Not Fundamental Right But Affirmative State Obligation: SC

The Supreme Court of India has held that even though the right to pursue higher (professional) education is not a fundamental right under the Constitution, the Government has an obligation to facilitate access to education, at all levels, while cautioning that the Government should not consider their responsibility as “generosity”.

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