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Delhi High Court - Orders

National Federation Of The Blind vs Govt. Of Nct Of Delhi And Ors on 21 July, 2022

Author: Satish Chandra Sharma

Bench: Chief Justice, Subramonium Prasad

                             $~41
                             *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                             +      W.P.(C) 8210/2018
                                    NATIONAL FEDERATION OF THE BLIND                   ..... Petitioner
                                                        Through:     Mr. S. K. Rungta, Sr. Advocate with
                                                                     Mr. Prashant Singh, Advocate.

                                                        versus

                                    GOVT. OF NCT OF DELHI AND ORS.                     ..... Respondents
                                                        Through:     Mr. Yeeshu Jain, Additional Standing
                                                                     Counsel with Ms. Jyoti Tyagi,
                                                                     Advocate for R-1 to R-3.
                                                                     Ms. Avnish Ahlawat, Standing
                                                                     Counsel for GNCTD with Nitesh
                                                                     Kumar Singh, Ms. Laavanya Kaushik
                                                                     and Ms. Aliza Alam, Advocates for
                                                                     R-4.
                                    CORAM:
                                    HON'BLE THE CHIEF JUSTICE
                                    HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
                                                        ORDER

% 21.07.2022 CM APPL. 31931/2022

1. The instant application has been filed on behalf of National Federation of the Blind with the following prayers:

"a) Issue a writ of mandamus or any other appropriate writ/order or direction thereby directing the respondents to ensure appointment of regular qualified principal and regular qualified teachers in accordance with the norms of CBSE as well as Warden for the hostel in the respondent No.2 school and also to provide all other facilities necessary for imparting Signature Not Verified Digitally Signed By:HARIOM SINGH KIRMOLIYA W.P.(C) 8210/2018 Page 1 of 3 Signing Date:25.07.2022 16:55:01 quality education and quality boarding and lodging facilities to the students of respondent No.2 school;
b) Issue a writ of mandamus or any other appropriate writ/order or direction thereby directing the respondents to provide Braille books, assistive devices to the students of respondent No.2 school forthwith and also to establish computer lab and E-library for them in the respondent No.2 school;
c) Issue a writ of mandamus or any other appropriate writ/order or direction thereby directing the respondents to provide more space for the hostel and classrooms of respondent No.2 school as well as a play ground in the campus for the students of respondent No.2 school."

2. The present Public Interest Litigation had been filed in the year of 2018.

3. It is stated in the application that various orders have been passed by this Court from time to time, directing the Government of NCT of Delhi to ensure that regular appointments to the post of Principal, Vice Principal, teachers and other staffs are made in the Respondent No.2/school, the students are provided hostel facilities, Braille books, assistive devices and other amenities in the school.

4. Despite there being repeated orders, the Respondents have failed to appoint regular Principal, Vice Principal, qualified teachers and other staffs and the school is still lacking basic amenities like hostel facilities, Braille books, assistive devices, computer lab, E-library etc., for the students. It has also been brought to the notice of this Court that the school authorities are not even admitting students in the hostel.

5. It is very unfortunate that despite being various orders passed by this Signature Not Verified Digitally Signed By:HARIOM SINGH KIRMOLIYA W.P.(C) 8210/2018 Page 2 of 3 Signing Date:25.07.2022 16:55:01 Court addressing the interest of Specially-abled students, the Government of NCT of Delhi is not taking appropriate steps.

6. This Court really appreciates the efforts of Mr. S. K. Rungta, Senior Advocate, who is running pillar to post to ensure that the children are provided basic amenities in school.

7. Learned counsel appearing for Respondent Nos.1 to 3 prays for and is granted a week's time to seek instructions in the matter.

8. Let an affidavit be filed by the Department of Social Welfare in response to the present application before the next date of hearing.

9. List on 29.07.2022.

SATISH CHANDRA SHARMA, CJ SUBRAMONIUM PRASAD, J JULY 21, 2022 S. Zakir Signature Not Verified Digitally Signed By:HARIOM SINGH KIRMOLIYA W.P.(C) 8210/2018 Page 3 of 3 Signing Date:25.07.2022 16:55:01