IN THE HIGH COURT OF DELHI AT NEW DELHI
CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE MANMOHAN SINGH Judgment delivered on: November 23, 2012 W.P.(C) No.5740/2012 KUMUD RANI GARG ..... Petitioner Represented by: Mr.Pankaj Sinha, Advocate versus UNIVERSITY OF DELHI AND ORS ..... Respondents Represented by: Ms.Maninder Acharya, Advocate with Mr.Varun Gupta, Advocate Head Note:-
PRADEEP NANDRAJOG, J. (Oral) 1. Petitioner, a young lady who is visually impaired has approached this Court being aggrieved by the decision taken by the Provost of Meghdoot Hostel, University of Delhi not to extend permission granted to the petitioner to reside in the hostel. 2. The reason given by the Provost is that the University Rules/Ordinance has an outer limit of residency being 6 years with entitlement to be extended by 6 months upon special considerations being shown. 3. Pointing out that in the hostel 3% seats are reserved for visually/hearing and physically impaired students, it is asserted that due to paucity of hostel facilities if anyone is extended a benefit beyond the tenure specified by the Rules and the Ordinance of the University, some other deserving case would be adversely affected. 4. As regards the petitioner, it is highlighted before us that she was granted hostel facility in the month of August, 2005 and has availed the hostel facility for a period of 6 years which came to an end in the year 2011. 5. Whereas the Provost would urge that the petitioner was granted 6 months’ extension; the petitioner denies the same by stating that she continued to stay in the hostel not in the capacity as an original allottee but as a guest and for which she was required to pay, as against `2200/-, `4,500/-. 6. But that is not a matter of concern for us. 7. The petitioner is totally visually handicapped. She was born and brought up in the State of Rajasthan from where she did her schooling as also her graduation. 8. She joined University of Delhi to pursue a Post-Graduate course in Sanskrit and was admitted by the University of Delhi in the year 2005. She was granted the hostel facilities in the month of August, 2005. 9. Duration of the Post-Graduate degree course being 2 years, petitioner successfully obtained a Post-Graduate degree i.e. M.A. (Sanskrit) in the year 2007 and applied for registration to be granted admission as a scholar in the M.Phil. Degree course. She joined the M.Phil. Degree course in September, 2007 and completed the same within the allotted duration of 2 years i.e. by the year 2009. 10. She continued to avail the hostel facilities. 11. Enrolled for a Doctorate Degree i.e. Ph.D. in Sanskrit, the petitioner joined under the guidance of Prof.Shakuntala Punjani to research and submit a thesis as also complete her Ph.D. course in October, 2009. As per the Rules of University of Delhi, the petitioner would have to complete the research and submit the thesis by October, 2013. 12. It would be apparent that if a student has to undergo Post-Graduate, M.Phil. & Ph.D. course in the University of Delhi, the time duration would be 2 years + 2 years + 4 years = 8 years. 13. We see no logic in the University of Delhi prescribing an outer limit of residency in its hostel for only 6 years. 14. We are conscious of the fact that there is paucity of hostel facility in the University but for those who have to pursue Ph.D. course, it is expected that the University would allocate specific seats in its hostel which we find not being done by the University. 15. Now, 3% seats reserved for physically, visually and hearing impaired persons would be a mandate under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 but that would not mean that the University would restrict itself to only 3% seats for these categories of students. 16. Meaningfully read, the mandate under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 which extends to even reservation of jobs would mean that the Universities have to ensure that the persons with these disabilities could acquire the educational qualifications to become eligible for jobs. 17. For a teaching job in all Universities, either one has to NET Qualified or has to have a Ph.D. Degree. 18. Meaning thereby, a Ph.D. Degree would be a springboard for a job as a teacher. It would be a foundation for the person concerned to claim the benefit of the right conferred by the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. 19. As a student of Ph.D. the petitioner is being given a grant of `5,000/- per month. She is 100% visually impaired. Under these circumstances, the University must make available to the petitioner the hostel till she completes her Ph.D. by October, 2013. 20. We dispose of the writ petition issuing a mandamus to the University and in particular, respondent No.2 to re-allot the hostel seat to the petitioner and to charge from her the normal messing and residency charges which the University charges from other students and not to charge from her any guest charges. The fee would not be charged for the duration the petitioner was not allowed to reside in the hostel. 21. The fact that the University of Delhi waives 50% mess charges for students with disabilities and also does not charge any tuition fee is irrelevant on the subject of petitioner’s entitlement to remain in the hostel till she completes her Ph.D. 22. The petitioner be allocated a room within 3 days. 23. No costs. 24. Dasti. C.M.No.11741/2012 (for stay) Dismissed as infructuous. (PRADEEP NANDRAJOG) JUDGE (MANMOHAN SINGH) JUDGE NOVEMBER 23, 2012 /ka |
