Showing posts with label Delhi High Court. Show all posts
Showing posts with label Delhi High Court. Show all posts

Monday, December 12, 2022

Delhi HC: Children with Disabilities entitled to basic facilities free of costs that includes, school uniform, books, assistive devices, transportation etc. [Judgement Included]

Court: High Court of Delhi at New Delhi

Bench: Justice Pratibha M Singh

Case No: W.P.(C) 14032/2022

Case Title: Manish Lenka Vs. Union of India & Ors.

Date of  Order: 12 December 2022

Next Date of Hearing: 22 March 2023

Subject: Free Educational Facilties for children with Disabilities

Matter in brief:

Petitioner, a student of Class 6 at a Kendriya Vidyalaya school in Noida, with a visual impairment of over 75 per cent, had moved the high court seeking a grant of books, learning material, and assistive devices along with other facilities provided under the RPWD Act. The boy’s counsel argued the child’s father is a daily wager who is unable to afford his son’s educational requirements.

The child claimed the facilities were not being provided by the school pursuant to which he approached the Court of Chief Commissioner under the RPWD Act. The Chief Commissioner on October 13, 2020, had directed that “books, learning materials, uniforms etc, as well as the facility of scribe/lab assistant” be granted to the student. The student claimed that despite the said order the facilities were not granted to him.

Submitting its status report before the high court, the school argued that all the items as requested had been provided including a scribe during offline exams for the 2021-22 session and the same shall be provided in future as well. However, the child’s counsel argued his client had not been given a waiver of the uniform fee, computer fee, and transportation cost to date.

Perusing the provisions of the Rights of Persons with Disabilities Act (RPWD), 2016, the bench observed, “A perusal of the said provisions show that facilities such as uniform, computer fee and transportation cost are all covered under the statute… These constitute basic facilities for a child… Considering the recognition given to the rights of persons with disabilities, there can be no doubt that these facilities ought to be provided especially at Kendriya Vidyalaya Schools which are government schools present all over the country, in order to ensure that children with disabilities are not deprived of proper education”.

The bench directed the school to provide uniforms free of cost to the student within a period of two weeks and also waived the computer fee. With respect to transportation costs, since the school did not provide it, the child’s counsel was asked on the next date of the hearing to make a submission on the transportation cost incurred by the child for travelling between his home to the school and back.

The bench also directed the Centre to file a status report regarding the measures that are to be taken in regard to the transportation cost and other facilities as directed under the RPWD Act. The Centre was also directed to file a status report on the student’s requirement for an assistive device. The bench added if the child is not provided with the requisite facilities as directed by the court, he would be free to approach the Court by way of an application. 

The matter has been next listedon 22 March 2023.

Read the Judgement here:

Tuesday, November 29, 2022

Delhi HC: Make Foot overbridges accessible to persons with disabilities & senior citizens (Ongoing Case, NDOH 04 Dec 2023)

Court: High Court of Delhi at New Delhi

Bench: Satish Chandra Sharma, CJ, Subramonium Prasad, J

Case No:  W.P.(C) 5347/2022

Case Title: Pankaj Mehta Vs. Union of India & Ors.

Date of  Order: 29 Nov 2022

Date of Hearings (click on dates for orders) : 23 March 2023, 10 May 2023, 04 Dec 2023

Brief of the Case:

A bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad has asked Govt. of National Capital Terriroty of Delhi (NCTD) to inform what steps were being taken to make all foot overbridges disabledfriendly.

The bench was hearing a plea to ensure accessibility to foot overbridges and other public amenities to persons with disabilities and senior citizens where the petitioner has claimed that even where such facilities are available, they are not functional. 

The petitioner had pointed out in the petition that  these foot overbridges have been constructed on extremely busy roads and the nonfunctional state of the elevators and escalators have effectively rendered the persons with disabilities and the elderly in a state of helplessness as they are unable to access even the roads, which is prima facie violative of the fundamental rights of such citizens.

The court pointed out that as per a status report filed by the GNCTD, out of 110 foot overbridges, only 36 have mechanised assistance for disabled people like lifts or escalators. The court asked the Govt. to make some arrangements for those bridges which are not disabled-friendly.

The Counsel for the GNCTD assured the Court that within 4 months, the entire survey will be carried out and the Government of Delhi will ensure that all the 110 FOBs under the jurisdiction of PWD (GNCTD) will be disabled-friendly, meaning thereby, either lifts will be installed or ramps will be constructed and prayed for 6 months’ time to conclude the aforesaid exercise. 

The petitioner had sought directions to authorities to ensure convenience of and full accessibility to lifts, foot overbridges and other public amenities to persons with disabilities and senior citizens, and ensure compliance with the Rights of Persons with Disabilities Act, 2016. 

Read the Order of the Bench below:


Hearing Updates

23 March 2023:- Learned Counsel for the GNCTD prays for listing of the matter after two weeks as he has received some additional documents/ photographs in the matter from the Petitioner. The prayer is allowed. Learned Counsel for GNCTD shall also file a fresh status report in the matter within two weeks. List on 10.05.2023.

10 May 2023:-  A fresh Status Report has been filed. However, the same is not on record. Learned Counsel for the Respondent is grated a week’s time to place the reply on record. It is submitted by Mr. Satyakam, learned ASC for the GNCTD, that the Government is in process of making all foot-over bridges disabled friendly and for that a minimum six months’ time is required. Six months’ time is granted to the Government to do the needful. Let a fresh Status Report be filed by the Government after all the foot-over bridges are made disabled friendly. List on 04.12.2023.

Friday, September 16, 2022

Delhi HC asks Indian Railways to ensure Free of Charge Human Assistance and Wheelchairs for Travelers with Disabilities on the lines of Delhi Metro

Court: Delhi High Court

Bench:  Hon'ble Satish Chandra Sharma, CJ and  Hon'ble Subramonium Prasad, J. 

Case No. : W.P.(C) 5666/2017

Case Title: Court on its Own Motion Vs. Union of India & Ors 

Date of Order: 16.09.2022

Brief.

The Delhi High Court has asked the Indian Railways to make all possible endeavours to ensure free of charge human assistance and wheelchair are provided to people with disabilitis at its stations on the lines of Delhi Metro. 

"The respondent shall also make all possible endeavours to ensure that free of charge human assistance and wheelchair is provided to differently abled persons", said the bench.

The bench headed by Chief Justice Satish Chandra Sharma sought a fresh status report from the authorities with regard to an earlier order on reserving some lower berths for persons with disabilities as well as giving free assistance to them, and said such facilities should at least be provided at the busy stations.

Noting that these facilities are being provided by the Delhi Metro as well, the court added the state-run transport behemoth shall certainly make all endeavours to make these available at maximum number of railway stations. It is not a big deal, at least in busy railway stations. At least in the four metros and class A cities it can be provided, the court said.

The order was passed on a PIL initiated by the high court onits own motion in July 2017 after after coming across a news report that the door of a special compartment for the disabled in the Gorakhdham Express was shut, with the result that the visually-impaired man missed his M.Phil entrance exam as he could not board a reserved compartment since it was locked from inside. 

Senior advocate S K Rungta, who has been appearing as amicus curiae (friend of the court) in the matter, told the bench that at this stage not much was required by way of attachment of coaches and reservation of seats for the differently abled but providing free escort and wheelchair was still an issue.

Mincing no words, the court had said it was shocked over complete apathy of the Railways in treating its physically challenged passengers by placing the compartments for the disabled at end of the trains and providing little or no help for access. The court had also said it will explore the possibility of compensation for the youth "who has undergone so much trauma for the callous disregard of his rights."

The matter has been adjourned to 07 December 2022.

Read the Order embeded below:-


Monday, August 22, 2022

Delhi HC orders appointment of a Person with Visual Disability to IAS with consequential seniority

Court: Delhi High Court

Bench: Justice Sanjeev Sachdeva and Justice Tushar Rao Gedela

Case No.: WP(C) 572 of 2020

Case Title: Vishv Mohan V. DoPT & Others

Date of Judgement: 22.08.2022

Brief

While ordering Mr. Vishv Mohan, a candidate with visual impairment  of 2015 batch, to be appointed to the Indian Administrative Service (IAS) and setting aside Appellate Medical Board Report as being inconclusive, the Delhi High Court observed that a welfare State is expected to create conditions which are conducive to citizens with disabilities by providing them avenues for public employment under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. The  State is enjoined to create conditions and opportunities for the welfare and betterment of the citizens with disabilities and those who are differently abled.

"The Central Government had enacted the said Act to ensure that the citizens falling in this category are not deprived of their rightful means of livelihood in respect of public employment. It is with a view to give impetus to the beneficial provisions of the said Act, that the Central Government and the State Governments created various avenues for public employment of such differently abled citizens." said the Court.

The Court dealt with a plea filed by a candidate with visual  disability for recruitment of All India Service for the year 2015.  The petitioner had challenged the report of the Appellate Medical Board of Dr. Ram Manohar Lohia Hospital, conducted in compliance of High Court's order whereby the Medical Board consisting of three senior doctors had concluded that the Petitioner was having visual disability of 20% only. Whereas several other competent medical boards and one medical board of AIIMS Delhi had also ceritified him in the past with more than 60% visual disability. 

The Court expressed its astonishment as to how the AIIMS Delhi could assess them 20% disability and 60-75% disability in two different sittings.

While there was no dispute about the fact that the Petitioner suffered from visual impairment namely 'high myopia with Isometropic Amblyopia', the Court dealt with the issue as to whether the Petitioner was suffering from a visual impairment which would be greater than 40%. Having 40% visual impairment would entitle the petitioner to be treated as a visually disabled category candidate.

It was the Petitioner's case that he was a meritorious candidate who had secured a total of 828 marks in the examination of the Civil Services Examination 2014 with All India Rank of 1173 and 5th rank holder in the disabled category.

Perusing the consistent medical reports of past several years wherein his disability ws assessed higher than 60% by competent medical boards in the disability certificates issued to the petitioner, the Court was of the view that the Petitioner fell within the definition as contained in sec. 2(b)(ii) of the PWD Act.

The Court was of the opinion that the Petitioner was not only a person with visual impairment to the extent of 60% but also a "brilliant candidate" who had secured 5th rank in his own category and was also positioned at All India Rank No.1173.

"In such circumstances, depriving the Petitioner of public employment, that too, at the level of Indian Administrative Services, on such inconclusive medical report dated 17.12.2018, is not only unfair, unjust but also whimsical and arbitrary. We hold so," the Court observed.

Setting aside the impugned Appellate Medical Board Report, the Court directed the respondents to take the assessment of the percentage of disability of the Petitioner at 60% and also consider him qualified so far as the medical criteria is concerned.

"As a consequence, Respondent No.1/DoPT is directed to allot the cadre and appoint the Petitioner in Indian Administrative Service (2015 Batch) considering him eligible in so far as the Central Civil Examination, 2014 is concerned with all consequential benefits in respect of seniority and promotion on notional basis. Since the Petitioner  did not discharge any duties, we refrain from granting any back wages," the Court added while disposing of the petition in favour of the petitioner. 

Read the embedded order dated 22 Aug 2022 below:-


Monday, August 1, 2022

DHC constitutes High Powered Committee to recommend Solutions for ensuring Access to Financial Services for people with vision impairments [Court Order included]

Dear Colleagues,

A division bench comprising of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad, while hearing a petition filed by Mr. George Abraham, a petitioner with vision impairment on the difficulties being faced by visually challenged persons in accessing financial services and general non-compliance of the provisons of Rights of Persons with Disabilities Act 2016, has constituted a seven membeer High Powered Committee of experts to recommend solutions. 

The bench was hearing several public interest petitions which were clubed with the lead case by Mr. George Abraham. Other petitioners included All India Confederation of the Blind, Blind Graduate Forum of India and Rohit Dandriyal & others. 

The High Powered Committee shall be chaired by Prof. M Balakrishnan, Department of Computer Science and Engineering, IIT Delhi. The order said, "High Powered Committee is constituted by this Court to look into all the grievances raised in the present application and the connected writ petitions to offer practical solutions in the matter. It is needless to state that the scope of the work of the Committee will not be confined only to the issues raised in the present writ petitions but other ancillary issues as well." 

As per the Court order dated 29 July 2022, the High Powered Committee shall consist of the following persons:- 

i. Prof. M. Balakrishnan, Professor, Department of Computer Science and Engineering, IIT Delhi. (Chairman of the committee)

ii. Prof. Kolin Paul, Professor, Department of Computer Science and Engineering, IIT Delhi. 

iii. Ms. Manisha Mishra, (GM), Department of Regulation. RBI

iv. Mr. Tushar Bhattacharya, (DGM) Department of Supervision. RBI 

v. Mr. George Abraham, the Petitioner in W.P.(C) 694/2020. 

vi. Mr. Amar Jain, Member of Blind Graduates Forum of India i.e. the Petitioner in W.P.(C) 64/2019. 

vii. Officer to be nominated by the Union of India. 

The court also requested the Director, IIT Delhi  to provide all logistic support to the Committee constituted under the Chairmanship of Prof. M Balakrishnan.

The petitioner Mr. George Abraham had prayed before the Court seeking directions/ appropriate writs:

  1. to ensure that all the banks comply with the Master Circular DBR No. Leg. BC. 21 / 09.07.006 / 2015-16, dated July 1, 2015 issued by/  Respondent No.3;
  2. to ensure that card reading devices for making card payments (Point-of-Sale Machines) are accessible for visually challenged persons;
  3. to ensure that all bank websites and mobile phone applications for financial services are tested for accessibility at every stage of transaction;
  4. to make it mandatory that all net banking facilities and mobile phone applications comply with W3C guidelines which are recognized by the Government of India;
  5. to make it mandatory that all digital mobile wallet applications are accessible and user-friendly for visually challenged persons;
  6. to ensure all ATM machines are voice-enabled and accessible for visually challenged persons;
  7. to ensure that all software and hardware products procured by banks to be disabled-friendly;
  8. for implementation of Section 13 of the Rights of Persons with Disability Act, 2016 with regard to visually challenged persons having control over their financial affairs;
  9. to ensure that employees and customer care service providers of all banks and financial services are trained and sensitized towards the needs and requirements of visually challenged customers;

"This Court is pained to observe at this juncture that it is unfortunate that judicial intervention is required in such matters when measures to ensure ease of accessibility for the specially-abled should be implemented in a proactive manner. However, this Court hopes that the Committee will take these observations into consideration while arriving at a feasible solution," the Bench said.

The Court has granted three months to the committee for filing status report in the matter.  The matter will now be heard on November 25, 2022.

Here is the Court order in the case W.P.(C) 694/2020 titled George Abraham Vs. Union of India & Ors. dated 29 July 2022

Wednesday, December 1, 2021

Temporary Disability Certificate subsumes the requirement of " long- term impairment", hence eligible to reservation in education under section 32 of RPWD Act.

Court:  Delhi High Court

Bench: Hon'ble Mr. Justice Prateek Jalan

Case title: Anmol Kumar Mishra (Minor) vs Union Of India And Ors 

Date of Judgement: 29 November, 2021


               


                            *     IN THE HIGH COURT OF DELHI AT NEW DELHI

                           +        W.P.(C) 13146/2021 with CM APPL. 41448/2021


             ANMOL KUMAR MISHRA (MINOR)         ..... Petitioner                                            

                                                         versus

            UNION OF INDIA AND ORS                        ..... Respondents


                    CORAM:

                    HON'BLE MR. JUSTICE PRATEEK JALAN

 JUDGMENT

PRATEEK JALAN, J. (Oral) The proceedings in the matter have been conducted through hybrid mode [physical and virtual hearing].

1. Notice in the present petition was issued on 23.11.2021. Mr. Arjun Mitra, learned counsel for the respondent Nos. 2 and 3-Indian Institute of Technology ["IIT"], Kharagpur and Joint Seat Allocation Authority (JoSAA) 2021 respectively, has taken instructions and submits that no counter affidavit is required. The petition can, therefore, be decided on the documents on record, and is taken up for hearing with the consent of learned counsel for the parties.

2. The petitioner seeks admission to IIT, Kharagpur for the Electronics and Electrical Communication Engineering Dual Degree (B.Tech. plus M.Tech.) course. He suffers from a condition of visual impairment called keratoconus, and applied for admission in the category of Persons with Disability ["PwD"]. He was admitted to the course of his choice pursuant to the Joint Entrance Examination ["JEE"] conducted by the respondents. However, his admission was cancelled, as reflected on the admissions portal on 31.10.2021, and communicated to him by a communication dated 09.11.2021. The reason stated for the rejection of his candidature is that the disability certificate submitted by him mentions that his disability is temporary and "likely to improve".

Facts

3. The factual position is undisputed. The petitioner suffers from keratoconus, and originally submitted a disability certificate dated 14.01.2021, issued by the Issuing Medical Authority, South West, Delhi, Department of Empowerment of Persons with Disabilities, Ministry of Social Justice and Empowerment, Government of India. The certificate records that he has a 40% temporary disability in relation to both eyes as per the guidelines for assessing the extent of specified disability under the Rights of Persons with Disabilities Act, 2016 dated 04.01.2018 ["the Guidelines"] issued by the Government of India. The certificate is stated to be valid for one year, i.e. until 14.01.2022.

4. The petitioner was unsure of whether he satisfies the eligibility criteria of the PwD category and, therefore, addressed an email dated 21.04.2021 to each of the IITs. He mentioned in the said email that he has a certificate from a government hospital to the effect that he has 40% temporary disability under the "low vision" category, and that the certificate is valid for one year after which he has to re-check his disability and would be given a permanent disability certificate at that stage, if he qualifies. IIT, Kharagpur is the organizing institution for the JEE (Advanced) this year. The JEE office in IIT, Kharagpur informed the petitioner by an email dated 22.04.2021 that he is eligible to get a seat under the PwD category, subject to a valid PwD certificate and other eligibility criteria. He was asked to submit a PwD certificate with 40% disability in Form-II of the brochure of the JEE (Advanced) 2 21 ["the brochure"]. An email received from IIT, Bombay has also been placed on record, which shows that the petitioner was told that he was eligible under the PwD category, subject to submission of a valid PwD certificate. However, in this email, he was directed to submit a certificate in Form-IV.

5. The petitioner was allotted a seat in the PwD category in the course of his choice and opted to "freeze his choice", rather than to be considered for upgradation in subsequent rounds of allotment. He was required to have his PwD status verified, which was done at IIT, Kharagpur on 21.10.2021. An endorsement was made on his PwD category certificate, which reads as follows: -

"Documents verified. Temporary disability of 40% (Forty percent) due to low vision due to B/L Keratoconus which valid upto 14.01.2022."

This was also reflected in the status on the admissions portal.

6. The petitioner was thereafter asked to submit the certificate in Form-IV, which he obtained from DDU Hospital, Harinagar, New Delhi on 03.09.2021. The certificate was issued on the basis of the earlier disability certificate. It bears the same number as the original, and states that it is valid until 14.01.2022. A physical copy of the Form-IV certificate has been handed over in Court. It is an undisputed document and is taken on record. As with the original certificate dated 14.01.2021, it certifies that the petitioner suffers from a temporary disability of 40% in both eyes. In this certificate, however, it has also been mentioned that the petitioner's condition is "likely to improve", and it is on this basis that his candidature has ultimately been rejected. 

Submissions

7. Mr. Md. Nizamuddin Pasha, learned counsel for the petitioner, submits that Clause 19.2 of the Guidelines specifically permits a temporary certificate if the condition is likely to worsen, and also for specific purposes, such as for pursuing education. He points out that a temporary certificate in cases of keratoconus is expressly contemplated. Mr. Pasha submits that neither the brochure published for this purpose, nor the Act makes a distinction between permanent and temporary disability. To the extent that the definition of "person with disability" in Section 2(s) of the Act itself contemplates a long- term impairment, the issuance of the certificate itself shows that the petitioner was suffering from a long-term impairment.

8. Mr. Pasha also submits that another candidate with a temporary disability has, in fact, been admitted to an engineering course on the basis of the same JEE examination. He has placed on record the certificate of the candidate in question (Anexure P-5 to the writ  petition) and the provisional seat allotment certificate issued to him (Anexure P-21 to the writ petition).

9. Mr. Mitra, on the contrary, submits that Clause 19.2 requires a disability be permanent to be certified. Mr. Mitra's contention is that the certificate dated 03.09.2021 finally submitted by the petitioner certified that his condition is likely to improve, and he was, therefore, not entitled to the benefit of reservation.

Analysis

10. The right of PwD candidates to secure reservation in higher educational institutions is provided under Section 32 of the Rights of Persons with Disabilities Act, 2016 ["the Act"]. The reservation is in respect of persons with benchmark disabilities ["PwBD"]. This term is defined in Section 2(r) of the Act. Where the specified disability is defined in measurable terms, it includes a person with not less than 40% of the specified disability. The term "specified disability" refers to disabilities mentioned in the Schedule to the Act. The Schedule to the Act, as far as visual impairment is concerned, includes persons with "low vision", into which category the petitioner admittedly falls.

11. The Ministry of Social Justice and Empowerment, Government of India has issued the Guidelines vide notification dated 04.01.2018 for evaluation and certification of specified disabilities. The Guidelines relate to various disabilities, including visual impairment. As far as visual impairment is concerned, the nature of the certification is provided for in Clause 19.2, and the assessment of impairment is provided in Clause 19.3. Clause 19.2 reads as follows: -

"19.2. Nature of Certificate: The medical authority will decide whether disability certificate should be temporary or permanent. The disability shall be permanent to be certified. The certificate can be temporary if condition is likely to worsen and also for specific purposes such as for pursuing education. The need of reassessment, if required, should be clearly mentioned in the certificate with time frame. In certain cases such as keratoconus, developmental defects, operated congenital cataract with corneal decompensation, operated congenital glaucoma with hazy cornea etc., the patient especially can be issued a temporary certificate."  (Emphasis supplied.)

12. In the light of the provisions of the Act, and particularly the Guidelines, I am of the view that the petitioner's case is merited. It may be noted that in the Act, the definition of "PwDs", "PwBDs" and of "specified disability" do not ex facie distinguish between temporary and permanent disabilities. The definition of PwD, to the extent that it incorporates the necessity of long-term impairment, itself subsumes this requirement. The petitioner is undisputedly a PwBD whose certificate mentions that his impairment is to the extent of 40%. The Schedule of the Act, while enumerating specified disabilities, also does not make a distinction between permanent and temporary impairment in the context of visual impairment. In contrast, while dealing with "speech and language disability" in paragraph 1D of the Schedule to the Act, it is specifically mentioned that the disability arising out of conditions such as laryngectomy or aphasia affecting one or more components of speech and language due to organic or neurological causes must be permanent. In the absence of similar phraseology in paragraph 1B, which deals with visual impairment, no such condition can be read into the Act. 

13. The Guidelines also recognize keratoconus as a condition in which a temporary certificate may be given. The general rule under Clause 19.2 is that a disability would be certified if it is permanent. However, temporary certificates are expressly contemplated if the condition is likely to worsen, and also for specific purposes, such as for pursuing education. This case falls within the second category.

14. The petitioner placed the entire matter before the IITs by way of correspondence prior to filling up his form or taking the JEE. He was advised that he was eligible under the PwD category, subject to a valid PwD certificate and other eligibility criteria. The validity of his certificate is not in issue. What is now being raised is that a temporary disability is a disqualification to avail of the reservation. The fact that the petitioner's disability was temporary and his certificate was valid only for a period of one year was disclosed by him in his correspondence. The position taken by the respondents in their response to his emails is, in my view, consistent with the Act and the Guidelines. To the contrary, the contention in the impugned communication dated 09.11.2021 is that he is not eligible for the very reason that he had disclosed to the respondents.

15. This is an unduly restrictive interpretation. The Act is a beneficial legislation. While dealing with an earlier legislation on the same subject, the Supreme Court observed that the said Act was a social legislation for the benefit of PwDs and must be interpreted in order to fulfill its objectives3. The principle that beneficial legislations must be construed liberally with the objective of furthering their purpose is well settled4, and the same understanding must inform the interpretation of the Act. I am of the view that the impugned communication tends to adopt a restrictive interpretation which is not consistent with the object of the legislation. Of course, the benefits of the Act should be conferred upon those the legislature intended to be benefitted, but the Act does not make the distinction which the respondents have read into the legislative scheme.

16. Mr. Mitra submits that the case of a similar candidate with a temporary disability who was granted admission, is not a case of admission to IITs, but to one of the other institutions for which admissions are granted pursuant to the JEE (Mains) and not the JEE (Advanced). I am of the view that this distinction is of little relevance as the scheme of the reservation is similar.

Conclusion

17. For the aforesaid reasons, the writ petition succeeds, and the impugned communication of the respondents dated 09.11.2021 is quashed. The respondents are directed to take necessary consequential steps forthwith. There will be no order as to costs.

18. The pending application also stands disposed of.

PRATEEK JALAN, J.

NOVEMBER 29, 2021 

References: 

  • The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 
  • Union of India vs. National Federation of the Blind (2013) 10 SCC 772 [paragraph 37] 
  • Reference may be made in this connection to two recent judgments of the Supreme Court: DDA vs. Virender Lal Bahri (2020) 15 SCC 328 dealing with the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and Brahampal vs. National Insurance Co. (2021) 6 SCC 512 dealing with the Motor Vehicles Act, 1988.


Friday, November 6, 2020

Delhi HC- We expect the JNU to continue complying with the provisons of 5% reservation in Higher Education under RPWD Act 2016 in future too.

Court: Delhi High Court

Bench: Hon'ble Chief Justice D.N. Patel, and Hon'ble Mr. Justice Prateek Jalan, 

Case No.: W.P.(C) 3471/2020

Case Title: Javed Abidi Foundation Vs. Union of India & Ors.

Date of Judgement: 06 November 2020

Cases Referred:   

  • W.P.(C) 3817/2018  titled National Federation of Blind v. Union of India & Ors. [2018 SCC Online Del 12367]
  • Justice Sunanda Bhandare Foundation v. Union of India & Anr.; [(2017) 14 SCC 1]

Act: The Rights of Persons with Disabilities Act 2016

Brief of the case 

The petitioner challenges the inaction of  Jawaharlal Nehru University in implementing the Rights of Persons with Disabilities Act, 2016 (hereinafter referred to as “the Act, 2016”), whcih provides that  minimum 5% reservation should be maintained for students with benchmark disabilities in Higher Education Institutions, whereas Jawaharlal Nehru University is not maintaining the aforesaid minimum percentage of reservation in the Admission Process of the students in various schools/centres.

Petitioner also cited W.P.(C) 3817/2018  titled National Federation of Blind v. Union of India & Ors. in which the Delhi HC court had remarked that University cannot violate the mandate of the law.

However, the Jawahar Lal University assured the Court that the procedure and mechanism of clubbing will be publicised in detail in subsequent academic years, to ensure that candidates are fully aware of the provisions and able to decide which schools and courses to apply to. Having gone through the facts and reasons, the Court felt that Jawaharlal Nehru University is complying with the provisions of the Rights of Persons with Disabilities Act, 2016 in prescribing and in giving reservations in admission to various schools in Jawaharlal Nehru University. And the court expect from the respondent No.3 – Jawaharlal Nehru University that they shall maintain minimum 5% reservation for the persons with disabilities in accordance with the provisions of the Act, 2016 in future also. 33. 

The court diposed off the petition saying, "We see no reason to give any further directions in this writ petition and the same is therefore disposed of with the above observations."

Read the order below:

Thursday, July 30, 2020

Delhi HC seeks response of All States & UTs on PIL by NFB for Food grains to Disabled under Various poverty alleviation Schemes [Order Included]

New Delhi, 30 Jul 2020

Delhi High Court on 29 Jul 2020 sought response of all the states and union territories on a PIL seeking directions to them and the Centre to provide benefits of the various food security and poverty alleviation schemes to persons with disabilities (PWDs). The PIL is titled as W.P.(C) 3976/2020 National Federation of Blind Vs. Union of India & Anr.

A bench of Chief Justice D N Patel and Justice Prateek Jalan issued notices to all the states and union territories (UTs) seeking their stand on the plea after they were also impleaded as parties in the petition by National Federation of Blind (NFB).  The high court listed the matter for further hearing on August 13.

Earlier,  the Bench had issued notices to Union of India (Min. of Consumer Affairs- Respondent 1) and DEPWD (Responder 2) on 07th July 2020 returnable on 22 Jul 2020, when this PIL seeking 5% reservation in all poverty alleviation schemes and food-grains to people with vision impairment and other disabilities under various poverty alleviation Schemes was filed by the NFB.

Counter Affidavit of DEPWD (Respondent-2).

Department of Empowerment of Persons with Disabilities, Ministry of Social Justice & Empowerment, i.e. the 2nd respondent submitted the following in its counter affidavit-

“The Central Government has enacted the Rights of Persons with Disabilities Act, 2016 (RPwD) and the rules thereto in 2017. As per Section 37 (b) of the RPwD Act, 2016, the appropriate Governments are required to frame schemes and programmes in favour of Persons with Benchmark Disabilities (benchmark disability means disability of 40% or more) to provide for 5% reservation in poverty alleviation schemes and development schemes giving priority to women and benchmark disabilities.

The food security programme under the National Food Security Act, 2013 is mainly aimed at uplifting of the poor and hence construed as a poverty alleviation programme. Therefore, the provision of reservation as per Section 37 (b) of the RPwD Act mandating of 5% in food security is applicable.

As per Section 96 of the RPwD Act, the provisions of the Act shall be in additional to, and not in derogation of the provisions of any other law for the time being in force. Therefore, the provisions of the RPwD Act, 2016 have to be read with the relevant section of the National Food Security Act, 2013 for ensuring synergetic implementation of both the Acts. The benefit of 5% reservation in food security programme can be extended to the persons with benchmark disabilities on the basis of certificate of disability issued by the competent medical authorities of the States/UTs.

It may be mentioned that as per allocation of Business Rules 1961, notified by Cabinet Secretariat, Government of India, "the Department of Empowerment of Persons with Disabilities is the nodal Department of overall policy, planning and coordination of programs for Persons with Disabilities. However, overall management and monitoring etc. of the sectoral programs in respect of this group shall be the responsibility of the concerned Central Ministries, State Governments and Union Territory Administrations. Each Central Ministry or Department shall discharge nodal responsibility concerning its own sector." Therefore, Ministry of Consumer Affairs, Food and Public Distribution, Department of Food and Public Distribution, Government of India being nodal authority for ensuring implementing food security programmes need to take appropriate measures in line with provisions of the RPwD Act, 2016. "

Hearing on 22nd July 2020

Mr. S. K. Rungta, General Secretary of the petitioner had argued that as per the provisions of Section 37(b) of the Rights of Persons with Disabilities Act, 2016 (the Disabilities Act), a reservation of 5% has been provided to persons with disabilities in all poverty alleviation and various developmental schemes. He further submitted that poverty alleviation schemes enacted under any law for the time being in force are also covered under Section 37(b) of the Disabilities Act.

He had further argued that the Pradhan Mantri Garib Kalyan Anna Yojana and schemes established under the National Food Security Act, 2013 are also poverty alleviation schemes and, therefore, covered under Section 37(b) of the Disabilities Act. He had submitted that under Section 24(1) of the Disabilities Act, the benefit of Pradhan Mantri Garib Kalyan Anna Yojana should be extended and made applicable to all the persons who are covered under the Disabilities Act, 2016, whether or not they have ration cards. He had requested that when such persons come to collect their ration for the first time, the relevant formalities may be completed for issuance of ration cards to them at the earliest to enable them to get their ration next time under the scheme.

The petitioner had sought directions to the Centre to ensure that states and Union Territories provide benefits of welfare schemes, like Pradhan Mantri Garib Anna Kalyan Yojana, to PWD also during the COVID-19 pandemic.

Remarks of the Bench on 22 Jul 20
The bench, on the last date of hearing on July 22, had remarked that Persons with Disabilities have been excluded from welfare schemes "from time immemorial". The bench had observed, "Fact that persons with disabilities get marginalised from every scheme does not require a debate".

The Central Govt. Counsel had sought time to seek instructions and the matter was fixed for 29 Jul 2020.

Response of The Ministry of Consumer Affairs  (Respondent-1)

Respondent-1 filed its response to the PIL and contended that the National Food Security Act (NFSA) is neither a poverty alleviation nor a development scheme. It said that unlike the targeted Public Distribution System (PDS), which was based on poverty levels, NFSA uniformly covers 67 per cent of the total population in the country. NFSA not only covers the Antyodaya Anna Yojana (AAY) but also the below poverty line and a certain portion of the above poverty line category.

The ministry of Consumer Affairs stated in its affidavit that all the beneficiaries are provided foodgrains at the same issue price. The NFSA has been therefore delinked from the poverty estimates.  It also stated that disability as an eligibility criteria already exists in the AAY guidelines and majority of the states and UTs have included it for identification of beneficiaries and priority households under NFSA.

"Notwithstanding this, the central government has further issued directions to all state governments on July 24 to ensure coverage of all disabled persons. This was reiterated over video conference with the states on July 24, 2020," the affidavit said. It also said that 5 Kg foodgrains per month for two months i.e. May and June 2020 was provided to about 8 crore migrant labour, who are not covered under NFSA or state scheme PDS cards, at a cost of Rs 3,500 crore and the validity of the scheme has been extended till August 31.

Therefore, "disabled persons can be covered under this scheme" and they can avail its benefits for the months of July and August without a ration card, the ministry has said.

Arguments

The petitioner has contended that Persons with disabilities are neglected when reliefs under various food security measures are implemented as most of them do not have ration cards. The central government had earlier told the court that ration cards are required under NFSA to provide food grain to over 80 crore people and compartmentalising them under various categories, including disabled, makes it difficult to identify the priority households.

The Centre had also claimed that it is the responsibility of the states and UTs to identify priority households. NFB has contended that under the PWD Act of 1995, a 3 per cent reservation was provided for all disabled persons in poverty alleviation schemes and this was increased to 5 per cent under the RPWD Act of 2016.

Therefore, the government should ensure that at least 5 per cent of the beneficiaries for foodgrain under the schemes like, Antyodaya Anna Yojana and Pradhan Mantri Garib Anna Kalyan Yojana, are persons with disabilities. It has also said that most of the PWDs are in institutions as they are neglected by their families and such institutions do not provide an address proof to their inmates and therefore, they are unable to get ration cards.

The petitioner said that under the NFSA, the Centre has to ensure States and UTs identify the PWDs who are eligible for foodgrains under the various schemes and to provide the same to them. The petition has sought a direction to the Centre to "consider the cases of persons with disabilities and visually impaired persons even without ration cards on the basis of their disability certificates and/ or Unique Disability ID (UDID) for getting benefit under National Food Security Act" and the Pradhan Mantri Garib Anna Kalyan Yojana.

Besides that, it has also sought that foodgrains be provided free of cost to poor persons with disabilities  as was done for migrant labourers and others during the present pandemic.

Next Date of hearing:
After issueing notices to various States and UTs seeking their response, the matter is now listed for further hearings on 13 August 2020.

Download Court Orders : 

W.P.(C) 3976/2020  | National Federation of Blind Vs. Union of India & Anr

07 Jul 2020   - Notice Issued
22 Jul 2020   - Arguments on Counter Affidavits & Court's observations
29 Jul 2020   - Notice to All Stats & UTs
13 Aug 2020 - Next hearing...


Tuesday, July 9, 2019

Delhi High Court Order on recognition of Indian Sign Language as one of the Official Languages

Court: Delhi High Court

Bench: Justice D.N. Patel and Justice C. Hari Shankar

Case No. :WP(C) No. 9546/2018

Case Title: Nipun Malhotra Vs. Union of India

Date of Decision: 09 July 2019

Authored by: Justice DN Patel

 Download:   [PDF 1 MB]


Monday, November 12, 2018

Delhi HC - JNU should work out the mandate of the RPWD Act, so that every person with disability, who qualifies get admission. [Judgement Included]

Court: Delhi High Court

Bench:  Hon'ble The Chief Justice  and Hon'ble Mr. Justice V. Kameswar Rao

Case No.: W.P.(C) 3817/2018

Case Title: National Federation of Blind Vs. Union of India

Date of Judgement: 12 Nov 2018

Cases refereed:

  • Sambhavana v. Union of India and Ors. W.P.(C) 3919/2014 decided on March 4, 2015;
  • Students Federation of India and Ors. v. Union of India and Ors. W.P(C) 3032/2017 decided on October 1, 2018 
  • and the Supreme Court in the cases of Justice Sunanda Bhandare Foundation v. Union of India (UOI) and Ors. (2017)14 SCC 1; Union of India and Ors. v. National Federation of Blind and Ors. 2013 10 SCC 772,

Brief:

The petition is filed seeking relief that the selection to M.Phil / Ph.D and Ph.D. courses in respondent Jawahar Lal Nehru University (JNU) has to be on relaxed standards and on the basis of the marks obtained both in written examination and viva-voce.

The bench observed that, "We cannot ignore the fact that Dharamveer Yadav despite qualifying the selection process could not get admission as there was only one reserved seat for a disabled candidate and not two. Also, we find that many reserved seats, at least 15 have gone waste as no person with disability could get qualified, against the said seats. In such an eventuality and in peculiar facts of this c ase, the Court is of the viewthat the Respondent No.3 shall increase the intake to 8 in the “Comparative Political Theory” stream, which shall be supernumerary, which shall get lapsed after Dharamveer is awarded the degree. His admission shall also consume one seat of the unfilled seats reserved for PWD, which could not be filled for want of candidates".

The further observed, "That apart, this court is of the view that the respondents cannot dilute the mandate of the Section 32 of the Disabilities Act, and reduce the reservation to less than 5%." 

The bench clarified, "It is for the University to work out the mandate of the Act, so that every person with disability, who qualifies get admission. But in no case they can violate the mandate."

Read the judgement below:

Wednesday, January 4, 2017

Delhi University gets another rap from Delhi High Court - Fined for defying Section 39 of Disabilities Act 1995 [Judgement Included]

Dear colleagues,

Delhi University was caught on the wrong side of the law once again for defying the mandate of the Persons with Disabilities (Equal Opportunities, Protection of Rights & Full Participation) Act 1995. The Hon'ble Delhi High Court in the instant case W.P.(C) 8232/2016 titled Medhavi Krishna v. University of Delhi and Ors., has directed the Delhi University to grant admission to the petitioner - a candidate with 77% disability, while declaring the admission criteria adopted by the University as "unsustainable".

In the instant case, the petitioner had sought a direction to the University to grant him admission under the PWD (Persons with disability) category in the Ph.D programme of Department of Buddhist Studies University of Delhi. The petitioner was one among the 47 students who had cleared the written examination and were called for the interview. He was the only student under the PWD category to have qualified for the same. Post interview, only twenty candidates were declared successful. However, arbitrarily no admission was granted under the PWD category. Aggrieved by the unreasonable & arbitrary denial of admission, the petitioner made representations before various authorities viz. the DU Vice-Chancellor, OSD (Admissions and Research Council) and also the Dean of the Faculty of Arts and Head of Department of Buddhist Studies, but it failed to yield any result.

The petitioner left with no option approached the High Court, alleging discrimination on the ground that other candidates who had secured similar marks in the interview were granted admission under other categories. He submitted that the University could not have frustrated the provisions of Section 39 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, which mandates all Government educational institutions and other educational institutions receiving aid from the Government to reserve not less than three per cent seats for persons with disabilities. He had further contended that the minimum cut off marks could not have been fixed after the selection process had begun, as was the situation in the case at hand. The question then to be considered by the Court was then whether the cut off marks of 70, as prescribed by the Selection Committee, was justified. Accepting the contentions put forth by the petitioner, it ruled that fixing of 70 marks as the cut off for the PWD category was “without any basis/logic.”

Noting that seats in the Ph.D course were still available, and that the selection process was still going on, the Hon'ble Judge directed the University to grant admission to the petitioner, and also awarded costs to the tune of Rs. 10,000. 

To read the Court Judgement dated 14 December 2016 click below:


Wednesday, June 8, 2016

Deaf witness is a competent & credible witness- High Court [Judgement Included]

Dear Colleagues,

A single bench of Hon'be Delhi High Court presided by Justice Mukta Gupta while disposing off an appeal has held that when a deaf witness is under cross-examination the Court is required to take due care of the fact that vocabulary of such a person is limited as he or she speaks through sign language and it may not be possible for that witness to answer, or in detail explain every answer by sign language. This disability of a limited vocabulary of sign language does not  affect either the competence or the credibility of such witness.

In the instant appeal filed by the Accused who was convicted for the offence defined under Section 9(k), punishable under Section 10 of The Protection of Children from Sexual Offences Act, 2002, for sexually assaulting a 12 yr old deaf and dumb girl, twin arguments were raised by the counsel for appellant i.e.  firstly since the prosecutrix could not be cross-examined her testimony cannot be read in evidence  and secondly even if the offence is proved against the appellant, the same would fall under Section 7 punishable under Section 8 of POCSO Act and not under Section 9(k) punishable under Section 10 of the POCSO Act.

Section 119 of the Indian Evidence Act, 1872 provides: “119. Dumb witnesses.- A witness who is unable to speak may give his evidence in any other manner in which he can make it intelligible, as by writing or by signs, but such writing must be written and the signs made in open Court. Evidence so given shall be deemed to be oral evidence.”

While dealing with the mode of recording, non-administration of oath to a deaf and dumb witness and involving an interpreter for understanding the evidence of such a witness, the Supreme Court in the decision reported as (2012) 5 SCC 789 State of Rajasthan Vs. Darshan Singh @ Darshan Lal held: “26. The object of enacting the provisions of Section 119 of the Evidence Act reveals that deaf and dumb persons were earlier contemplated in law as idiots. However, such a view has subsequently been changed for the reason that modern science revealed that persons affected with such calamities are generally found more intelligent, and to be susceptible to far higher culture than one was once supposed. When a deaf and dumb person is examined in the court, the court has to exercise due caution and take care to ascertain before he is examined that he possesses the requisite amount of intelligence and that he understands the nature of an oath. On being satisfied on this, the witness may be administered oath by appropriate means and that also with the assistance of an interpreter. However, in case a person can read and write, it is most desirable to adopt that method being more satisfactory than any sign language. The law requires that there must be a record of signs and not the interpretation of signs.

On Questioning the Testimony as no cross examination held

In reply to the first argument of questioning the testimony, Justice Mukta Gupta held as follows;

“The purpose of cross-examination is to ascertain the truth in relation to the acquisition levelled against an accused person and a discretion is vested in the Court to control the cross-examination. A party cross-examining a deaf and dumb witness like any other witness is required to act within the bounds of law and cannot be permitted to cross-examine the witness all and sundry on irrelevant questions. Section 138 of the Indian Evidence Act itself provides that the examination and cross-examination of a witness must relate to relevant facts but the cross-examination need not be confined to the facts to which the witness testified in his examination-in-chief. The purpose is that in cross-examination besides relevant facts, facts which impeach the credibility of the witness and shake his creditworthiness can also be asked. However still the first portion of Section 138 of the Evidence Act qualifies this right confining the cross-examination to relevant facts though it may not have been so deposed in the examination-in-chief. It is the duty of a Judge to control the cross-examination to prevent any abuse and to protect a witness from being unfairly dealt with. Sections 149 to 152 of the Evidence Act prohibit asking questions without reasonable grounds, which are indecent and scandalous in nature, or which are intended to insult or annoy the witness”.

“When a deaf and dumb witness is under cross-examination, the Court is required to take due care of the fact that vocabulary of such a person is limited as he or she speaks through sign language and it may not be possible for that witness to answer, or in detail explain every answer by sign language. This disability of a limited vocabulary of sign language does not affect either the competence or the credibility of such witness. The Court is required to exercise control over the cross-examination keeping in view the ability of the witness to answer the questions.

From the examination of the witness which was in question-answer form and the response to the cross-examination wherein the witness drew and explained the distance where the incident took place, it can safely be held that there was sufficient compliance of the right to cross-examination provided to an accused and the testimony of this witness is not required to be effaced”

On punishment under section 8 Sexual Assault or Section 9 Aggravated Sexual Assault 

The Court then examined the question whether appellant can be convicted for offence defined under Section 7 and punishable under Section 8 of the POCSO Act or defined under Section 9(k) and punishable under Section 10 of POCSO Act. The appellant was charged for offence defined under Section 7 and punishable under Section 8 of POCSO Act i.e. “sexual assault”.

Section 7 POCSO Act defines the term sexual assault as physical contact without penetration. The punishment for the same is provided in Section 8 wherein the minimum sentence is 3 years which may extend to 5 years with fine.

Section 9 of POCSO Act defines “aggravated sexual assault” which is punishable under Section 10 POCSO Act. Section 9 POCSO Act defines different types of sexual assault which would be termed as aggravated sexual assault. Sub-clause (k) of Section 9 POCSO Act provides that whoever, taking advantage of a child’s mental or physical disability, commits sexual assault on the child would be punished for aggravated sexual assault as per Section 10 of POCSO Act wherein the minimum punishment is of 5 years imprisonment which may extend to 7 years and fine.”

Though charged with a major offence an accused can be convicted for a minor offence, the vice-versa is impermissible.

Court altered the Punishment

Accepting the contention of the Accused, the bench held that in the facts of the case Court is not required to go into whether aggravated sexual assault is made out or not from the evidence on record, for the reason there was no charge for aggravated sexual assault framed against the appellant. “ It is trite law that though charged with a major offence an accused can be convicted for a minor offence, however the vice-versa is impermissible which has been done by the learned Trial Court.”

Consequently, the Court altered the conviction of Accused to one for offence defined under Section 7 and punishable under Section 8 of POCSO Act.

The earlier sentence dt. 17 Dec 2013  of "Rigorous imprisonment for a period of six years and fine of Rs. 5,000/- in default whereof to undergo simple imprisonment for a period of three months" has not been modified as "Rigorous imprisonment for a period of 5 years and to pay a fine of Rs. 10,000/- in default whereof to undergo simple imprisonment for a period of one month".

Click here for the Judgement dated 03 Jun 2016, bearing No. CRL.A. 751/2014 titled Chander Singh Vs. State

Language used by Judiciary referring to persons with disability

An important takeaway from this judgement is also the issue of improper and disability unfriendly language used by the Hon'ble Judges despite their best intentions. The terminology "deaf and dumb", "suffering from disability" etc has been repeatedly used by the prosecution, courts below and the high court in the pleadings, orders and judgement. And this is not one odd case. Its high time that the judicial officers  and prosecution officers too are trained in the use of correct language / terminology while referring to persons with disabilities. While the words, "suffering from" and "handicapped" are one extreme, the term "Divyang" suggested by Hon'ble Prime Minister of India is on the other extreme of the disability etiquette. People with disabilities are persons first and therefore a simple reference to them as "a person with disability" or "a person with hearing impairment", speech impairment, etc... in line with the UNCRPD accepted worldwide is appropriate and proper. The Hon'ble High Court must consider addressing this as a priority.  





Monday, March 30, 2015

Delhi HC directs Reserved Accessible Parking for Disabled across City of Delhi


Dear Colleagues,

The Delhi High Court on 11 Feb 2015, ordered civic agencies to reserve space for the disabled in every parking space across the city and punish errant contractors and attendants.

A bench of Chief Justice G Rohini and Justice Rajiv Sahai Endlaw  while hearing the PIL W.P.(C) No.1977/2014 titled Vinod Kumar Bansal Vs. Govt. of NCT of Delhi, said the agencies have till now only “paid lip service“ to several rules enacted to ensure access to the disabled and ordered them to “reserve parking spaces most suitable for persons with disability and in sufficient number after assessing the need.“

Indicating its seriousness, the HC directed the state government and its agencies to include a penalty clause in rules so that a parking attendant or contractor who doesn't reserve space for disabled is punished and the contract is cancelled immediately. However, the court left it to the discretion of the three corporations, DDA, NDMC and the government to explore the number of reserved spaces to be kept for the disabled.

On what moved the Hon'ble Court to rule in favour of the rights of disabled, it expressed, “Our own experience in Delhi shows that at several places though ramps have been provided to enable access to wheelchairs, they are there merely for namesake as the gradient is very steep. We want to draw the attention of all concerned agencies that they must standardize the gradient...We find the ramps to be inaccessible in certain places owing to the storm water drain on the sides of the roads which acts as a barrier between the road and the ramp leading to the pavement. All this comes in the way of optimum and intended use of our roads and pavements, with the same being congested, dusty , blocked, uneven and full of potholes, impeding movement."

Directions passed by the Court 

(a) all the concerned agencies to within six months hereof, in each of the parking spaces presently available, reserve parking space/s most suitable for persons with disability and in sufficient number after assessing the need and to on the board reserving the said parking space itself also give the name and phone number of the person with whom the complaint with respect to misuse of the said parking space is to be lodged; 

(b) feasibility of making a provision for action against the contractor / attendant of manned parking lots / places viz. of cancellation of contract etc. for allowing such reserved parking spaces to be used for parking by others be considered; 

(c) feasibility of providing for identification of vehicles of persons with disability be also explored so that it can be identified whether the vehicle parked in the said reserved parking space is of a person with disability or of some other person;

(d) the process of installation of auditory signals at all traffic lights be completed within six months; 

(e) all the concerned agencies to within the said time of six months ensure that all pavements are accessible to persons with disabilities, taking into consideration the observations made hereinabove; 

(f) dedicated phone lines/ e-mail address or other user ID for cross-platform mobile messaging applications for receiving complaints/images/videos of blocking the access to the pavements by encroaching thereon be provided and the telephone number for each district be widely advertised for enabling the citizens to make complaints with respect thereto and the name of the person responsible for dealing with the said complaint and the time within which the complaint is to be dealt with shall also be provided;

(g) each of the concerned agencies to within four weeks hereof file affidavits in the Court naming the person responsible for complying with the directions issued by us and such person shall be responsible for non-compliance of the directions."

Case not completely closed

Though the matter has been disposed off so far as reliefs claimed by the petitioner, but broadening the scope of the intervention, the Hon'ble High Court fixed the next date for hearing on 19 May 2015 with directions that the Secretary, Ministry of Home Affairs, Government of India and the Chief Secretary, Govt. of NCT of Delhi should present their views in this respect before  the Hon'ble Court by filing affidavits, within a period of four weeks from today including as to the consultant / think tank / expert who / which can be entrusted with the said task.

Court expressed its dissatisfaction saying "It is sad that despite expending huge funds and the best intention of the officials and employees, the city is not able to achieve the world class status which it aspires...We are sure that a competent consultant assigned the said task would be able to devise a structure for better governance of the city".

Get a copy of Court Judgement in accessible format here

W.P.(C) No.1977/2014 Vinod Kumar Bansal Vs. Govt. of NCT of Delhi


Media Coverage

(a) Here is a related Media coverage from Times of India in image format.



(b) To read the media coverage from source in accessible format click here: Times of India 

Wednesday, August 20, 2014

Two High Courts direct Extra time, reasonable accommodation & reservation in CSE 2014

Dear Colleagues,

Two High Courts - Delhi and Bombay decided against UPSC and DOPT and in favour of Persons with Visual Impairments in two matters filed before these courts challenging the constitutional validity of UPSC's Notification Civil Services Examination 2014 as it was against the rights of persons with visual impairments granted by the Persons with Disabilities Act 1995.

The Bombay High Court delivered final judgement ensuring in brief the following:
  • Reservation of 39 for 1291 vacancies not 26 as in the impugned advertisement
  • 13  for Visually Impaired and not 2 as in the impugned advertisement
  • 20 mins time per hour not 10 min. as given in the impugned advertisement
  • Talking calculators for visually impaired candidates wherever general candidates are allowed calculators.
  • Large fonts to be provided on request from the next exam. Not applicable for the Prelims on 24th August 2014.
The Delhi High Court passed an interim order ensuring the following:
  • No stay on the exam as DOPT indicated that they had given 6 vacancies to persons with disabilities, 2 each to the three disabilities act per the Act of 1995 in the IAS. However, DoPT explained it was not the cadre controlling authority on remaining 19 services.
  • 20 Minutes time per hour as against the 10 minutes given in the impugned notification.
  • Court also passed some positive remarks on the powers of Chief Commissioner Disabilities and differentiated the Guideline on scribe have statutory force which could not be overridden by the executive order of the CSE 2014 notification.
  • Asked the UPSC not to disqualify candidates with visual impairments on the grounds of no vacancies.
  • Since no information was available about reservation status in 19 cadres other than IAS, the court also directed UPSC  to ensure proper assessment of number of vacancies reserved for visually impaired candidates in conformity with Section 33 of the Disabilities Act and notify the same before the schedule for Mains examination is fixed.
On Powers of CCPD

Stressing on the powers of the CCPD, the Delhi High Court held that the Chief Commissioner for Persons with Disabilities (CCPD) is an authority appointed under Section 57(1) of the Disabilities Act, 1995 for the purposes of the said Act.   Section 58 of the Disabilities Act, 1995 provided for the functions of the CCPD which included taking steps to safeguard the rights and facilities made available to persons with disabilities.That being so, the guidelines dated 26.02.2013 issued by the Ministry of Social Justice and Empowerment on the recommendation of CCPD apparently for the purpose of safeguarding the rights and facilities made available to persons with disabilities, cannot be treated as mere executive instructions as sought to be contended by the respondents.  Please refer to my earlier blog entry dated 25 Sep 2012 on making these guidelines.

The court clarified that the guidelines dated 26.02.2013 on Scribe issue which are issued for effective implementation of the provisions of the Disabilities Act, 1995, have statutory force and are bound to be implemented by all the departments and authorities.

The court further held that it is no doubt true that UPSC is a Constitutional and independent body, however, the Civil Services Examination Rules - 2014 issued by the Department of Personnel & Training vide notification dated 31.05.2014 which are only in the nature of executive instructions, cannot override the statutory guidelines dated 26.02.2013 issued in terms of the provisions of the Disabilities Act, 1995 to ensure that a uniform and comprehensive procedure is prescribed for conducting examination for persons with disabilities.

To access the interim order of Delhi High Court  click below :

WP (C) 3919 of 2014 titled Sambhavna Versus Union of India and Ors. (Order in PDF Image 11 pages - may not be accessible for screen readers).

Accessible copy of the above Order dated 19 August 2014 is now available.  Please click here: Order dated 19 Aug 2014 in WP(C) 3919 of 2014


To access the Judgement of Bombay High Court click below:

WP (C) 5953 of 2014 titled Sujit Shinde and Anr Versus UPSC and Anr. (Order in accessible PDF and runs in 19 pages)

Media coverage in Indian Express on the issue:

No stay on Prelims, but HC takes up issue of seats for visually impaired

Express News Service | New Delhi | August 20, 2014 3:21 am

Granting relief to Civil Services aspirants, the Delhi High Court has refused to issue a stay on the preliminary exam for Civil Services 2014, but has directed UPSC to look into the issue of reservation of seats for visually challenged persons as per the Persons with Disabilities Act 1995.

The court has also directed that visually challenged candidates will get 20 extra minutes per hour for every hour of the examination in both the Preliminary and Main exams as per the 2013 guidelines given by the Ministry of Social Justice and Empowerment.

NGO Sambhavana had sought a stay on the UPSC preliminary examination, alleging that the allocation of seats violated the provisions of the Persons With Disabilities Act 1995, which clearly reserved 1% seats for visually challenged people, out of a total of 3% reservation for disabled candidates.

The NGO in its plea had also stated that executive rules issued in May 2014 by the Ministry of Personnel and Public Grievances had reduced the time granted to visually challenged candidates to only 20 minutes extra time in the preliminary exam, which also violated the rules made under the Disabilities Act.

The May 21 notification of the UPSC had advertised for 1,291 vacancies, but had specified 26 seats for disabled candidates, with only two seats reserved for visually challenged persons.

The court of Chief Justice G Rohini and Justice R S Endlaw in its order on Tuesday declined to stay the preliminary exam, but directed that none of the visually impaired candidates should be disqualified in preliminary examination on grounds of no vacancies.

Noting that the data on exact number of vacancies had been received only for the IAS cadre and not for the other 19 services, the court has directed the UPSC to “ensure proper assessment of number of vacancies reserved for visually impaired candidates in conformity with 1% reservation provided under Section 33 of the Disabilities Act, 1995 and notify the same”, before the schedule for Main examination is fixed.

“Out of 180 vacancies sought to be filled up in IAS on the basis of Civil Services Examination-2014, six vacancies are reserved for candidates belonging to physically handicapped category, i.e., 2 each for visually impaired, hearing impaired and locomotor disability. Thus, for IAS itself two vacancies are reserved for visually impaired. What is the vacancy position in the other 19 services that are identified suitable for physically disabled category is not known. The counter-affidavit filed on behalf of UPSC is silent on this aspect and no particulars have been furnished about the number of vacancies furnished by the other Cadre Controlling Authorities,” noted the court.

Further, the High Court has pulled up the UPSC for failing to implement the rules made under the Disabilities Act regarding extra time for visually challenged candidates.