Wednesday, November 8, 2023

Delhi HC seeks Response of Delhi University on Accessibility for Persons with Disabilities

Court: Delhi High Court

Bench:  Mr. Justice Purushaindra Kumar Kaurav

Caste No(s): W.P.(C)  5390/2022

Title: Jayant Singh Raghav Vs. University of Delhi & Ors.

Date of Order: 08 November 2023

Next Date of Hearing:  07 December 2023

Brief:

On a plea moved by one Jayant Singh Raghav, a student with visual disability of the Delhi University, raising the issue of provisions facilities and reasonable accommodations to students with disabilities during examinations.

The court asked the varsity to satisfy in the affidavit as to how the provisions of Rights of Persons with Disabilities Act, 2016, as well as the suggestions given by amicus curiae Advocate Kamal Gupta have been implemented. “As a last indulgence, 7 days time is granted to the respondent no.1- University to file comprehensive affidavit to satisfy as to how the provisions of the Act of 2016 and the suggestions/report of the Amicus Curiae have been implemented by the University,” the court said.

On March 10, the amicus curiae had handed over his report to the court wherein certain suggestions qua physical infrastructure and accessibility in the CLC as well as regarding Raghav were made. The report suggested that the Accessibility Guidelines and Standards for Higher Education Institutions and Universities, 2022, framed by the University Grants Commission (UGC) must be implemented immediately in CLC, Delhi University in time bound manner. 

It was also suggested that an access audit of CLC must be directed to be conducted immediately and a report be submitted to the court. The amicus curiae also suggested that at least 10 more ramps with tactile at various locations must be ordered to be erected immediately in the varsity and that a washroom for the disabled individuals be made functional on each floor as there was only one such toilet at present in the entire campus of CLC.

During the hearing, the counsel appearing for the Delhi Univeristy submitted that the repair work in toilets, corridors, open areas and provision of tactile and other facilities for persons with disabilities at CLC has been completed by the agency upto the satisfaction of varsity’s competent authority.

However, the court said, “Needless to state that the same was not only the expectation or the requirement under the provisions of the Act of 2016 or in the report submitted by the Amicus Curiae. It is to be seen that there are various other requirements to be adhered to by the respondent no.1-University,”.

Here is a copy of the order dated 08 November 2023:-

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