Delhi High Court - Orders
Navendu Aggarwal vs Government Of India & Ors on 6 October, 2023
Author: Purushaindra Kumar Kaurav
Bench: Purushaindra Kumar Kaurav
$~20
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 8005/2023
NAVENDU AGGARWAL ..... Petitioner
Through: Mr. Vivek Kr. Tandon and Mr. Darshnik
Narang, Advocates
Versus
GOVERNMENT OF INDIA & ORS. ..... Respondents
Through: Mr. T.P. Singh, CGSC for
UOI/respondent No.1 alongwith Mr. Sahaj Garg,
G.P.
Mr. Apoorv Kurup and Ms. Gauri and Mr.
Ravikesh K. Sinha, Advocates for
UGC/respondent No.2
Mr. Nikhil Jain and Ms. Monica Dhingra,
Advocates for respondent No.3
Mr. C. Mohan Rao, Senior Advocate alongwith
Mr. Lokesh Kumar Sharma, Advocate for
respondent No.4
CORAM:
HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV
ORDER
% 06.10.2023
1. The present petition has been filed under Article 226 of the Constitution of India seeking following reliefs:-
"a) Grant a writ of mandamus or any other appropriate writ, direction, or order to the Respondent no. 3 & 4 to enforce guidelines/orders/office memorandum issued by Respondent No.1 & 2 and be pleased to direct respondent no. 5 to provide Computer facilities to the petitioner to write exams of the forthcoming 4th semester.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/10/2023 at 00:39:20
b) Direct Respondent No.3 & 4 to allow extra time of total one hour in addition to 3 hours to write answers in examination by the petitioner in accordance with guidelines laid down for Persons with Benchmark Disabilities and direct respondent No. 5 to comply with the same.
c) To direct Respondent No.5 to ensure strict compliance & implementation of the directions issued by Respondent No. 1 & 2 in this regard.
d) Issue any other suitable writ, order or direction which this Hon'ble court may deem fit and proper under the circumstances of the case".
2. This court vide order dated 01.06.2023 while issuing notice to the respondents, directed respondent nos. 3 to 5 to strictly adhere to the guidelines dated 29.08.2018 and to provide the necessary assistive devices to the petitioner to ensure that he attempts the examination in accordance with the applicable guidelines.
3. The order dated 01.06.2023 reads as under:-
"CM APPL. 30821/2023 (Exemption)
1. Allowed, subject to all just exceptions.
2. Application is disposed of.
W.P.(C) 8005/2023
1. Learned counsel appearing on behalf of the petitioner submits that the advance copies of the writ petition along with the annexures have been served to the respondent no.3 to 5 however, there is no appearance on their behalf.
2. Issue notice.
3. Learned counsel appearing on behalf of respondent no.1 and 2 accept notice.
4. On the petitioner taking steps, notice be issued to respondent no.3 to 5 by all permissible modes, returnable on 06.10.2023.
5. Heard on the question of interim relief also.
6. Learned counsel for the petitioner submits that the petitioner is suffering with 60% permanent disability as per the certificate dated 31.07.2018 issued by the Department of Empowerment of Persons with Disabilities, Ministry of Social Justice and Empowerment, Government of India, Medical Authority, South West, Delhi. He also states that at This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/10/2023 at 00:39:20 present, he is suffering with 100% disability in both of his eyes.
7. The petitioner is pursuing his LLB (3 years course) from respondent no.4-Mewar Law Institute which is affiliated to respondent no.5- Chaudhary Charan Singh University, Meerut. The petitioner has to appear in the Fourth Semester Examination which is likely to commence from 09.06.2023 as per the revised examination schedule.
8. Learned counsel appearing on behalf of the petitioner, while taking this court through the University Grants Commission (UGC) communication dated 14.01.2019 submits that the Registrar of all Universities/Deemed to be Universities were directed by the UGC to take immediate steps to follow the Central Government guidelines for conducting the written examination for persons with benchmark disability. The applicable guidelines 29.08.2018 have also been placed on record as (Annexure A-5).
9. Learned counsel appearing on behalf of the petitioner, while taking this court through guidelines 8,9,12 and 13, submits that the same are not being followed by the respondent-institutions and therefore, the interest of the petitioner is being adversely affected.
10. Having considered the nature of the guidelines and the fact that the petitioner is suffering with a benchmark disability, this court as an interim measure directs respondent no.3 to 5 to strictly adhere to the guidelines dated 29.08.2018 and provide the necessary assistive devices to the petitioner to ensure that he attempts the examination in accordance with the applicable guidelines.
11. Order dasti".
4. Learned counsel appearing on behalf of the respective parties submit that during the pendency of the instant writ petition, the petitioner has already been allowed to appear in 4th semester examination and necessary facilities were extended to him, in accordance with the applicable guidelines.
5. Learned counsel appearing on behalf of the petitioner, then, contends that the similar facilities be extended to the petitioner in all subsequent examination.
6. Learned counsel appearing on behalf of respective respondents have This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/10/2023 at 00:39:21 no objections rather they submit that the respondents are under an obligation to extend the facilities, in accordance with applicable guidelines.
7. In view of the aforesaid, nothing remains to be adjudicated in the instant writ petition.
8. The parties are bound by the observations made hereinabove.
9. Accordingly, the petition stands disposed of.
PURUSHAINDRA KUMAR KAURAV, J OCTOBER 6, 2023 p'ma/rs This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/10/2023 at 00:39:21