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Chandigarh: ₹1.5L income criterion for EWS admissions to group home unreasonable, says HC

Chandigarh: ₹1.5L income criterion for EWS admissions to group home unreasonable, says HC

The Punjab and Haryana high court has said that the income criterion set by the Chandigarh administration for economically weaker sections (EWS) seeking admission to the group home facility for persons with mental and intellectual disabilities 'appears unreasonable'. The UT's counsel had not disputed the
₹ 1.5 lakh annual income cap and informed the court that it is based on a May 2016 order of the department of food supplies, consumer affairs and legal metrology. (HT photo for representation)
These observations from the high court bench of chief justice Sheel Nagu and justice Sanjiv Berry came during a hearing in a public interest litigation (PIL), in which various conditions set by the administration for admission to the group home in Sector 31 were challenged in April this year.
During the hearing, the counsel for the petitioner had informed that under the EWS quota, where 25% of the twin-sharing rooms are reserved, the annual income fixed is of not more than ₹1.5 lakh. Hence, those earning more than this can't apply.
The UT's counsel had not disputed the ₹1.5 lakh annual income cap and informed the court that it is based on a May 2016 order of the department of food supplies, consumer affairs and legal metrology.
Chandigarh: ₹1.5L income criterion for EWS admissions to group home unreasonable, says HC
'This order was issued nearly a decade ago, based on some data collected even earlier. But, despite the passage of more than a decade, the said criteria has not been revised, which appears to be quite unreasonable, especially considering the inflationary trends in the past ten years,' the bench observed, asking UT to reconsider the issue.
UT's counsel had further informed that a meeting, to be chaired by the administrator, is likely to be held in the near future, during which the issues raised in the petition would be taken up.
The court has fixed the next date of hearing on September 11. It observed that it has no doubt that the welfare objectives under the Mental Healthcare Act, 2017, would be duly considered by the administration and the shortcomings, anomalies and loopholes pointed out by the petitioners will be considered.
Besides the EWS admissions' issue, the petitioner has also challenged the condition of demanding ₹20 lakh as security for general category admissions by the administration.
Lying locked since July 2024, plea seeks to make it operational
The plea also says UT be directed to make the group home, which has been lying locked since July 2024, operational at the earliest as deserving and needy candidates are desperately waiting for the admission.
The construction of the facility was completed last year but it is yet to be opened by the administration. The UT had invited applications for admission from February 17.
Can accommodate 90 residents
Built at a cost of over ₹35 crore, the facility includes accommodation for 90 residents, courtyards, landscaped gardens, and a therapeutic campus for residents dealing with mental health challenges. The social welfare department has set monthly charges of ₹16,000 for a twin-sharing room, ₹25,000 for a single room and ₹35,000 for a suite room. In addition to the monthly fee, electricity, vocational classes and cross subsidy charges will be added and the yearly fee would increase by 5%. During admission, a one-time security fund of ₹20 lakh will have to be deposited.
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