NewDelhi: Calling it the "most callous treatment" on the part of the authorities besides taking note of a TOI report, the Delhi high court on Tuesday directed the Delhi University (DU) to conduct an entrance exam within 10 days from Tuesday (August 22) for a visually impaired student who missed his MPhil entrance exam as he was prevented from boarding a train to Delhi.
The HC observed that Vaibhav Shukla could not get inside the train compartment reserved for persons with disability, despite holding a valid ticket. Therefore, his right to equality had been denied besides his statutory rights under Rights of Persons with Disabilities Act, 2016, the court said.
"The university cannot isolate itself from undertaking such enabling measures as would secure the rights of the student in the present case which can only be by grant of an opportunity to participate in the entrance exam for the MPhil (Sanskrit) course for the academic year 2017-18 ," said a bench of acting chief justice Gita Mittal and Justice C Hari Shankar.
Shukla had reserved tickets to Delhi for the entrance of the MPhil (Sanskrit) course, 2017, which was conducted by the DU on July 5, 2017. However, he was prevented from boarding the coach reserved for the disabled in the Gorakhdham Express train operated by the northeastern Railways at the Unnao railway station as people refused to open the door for him.
The court said it was only complying with the constitutional mandate and ensuring equality and non-discrimination to a disabled person. Shukla, in its view, was exposed to the "most callous treatment" because the respondents (ministry of railways, northeastern railways and DU) did not take effective steps as mandated under the Rights of Persons with Disabilities Act, 2016.
"Assume for a moment that a disabled person had to reach at that time for a cardiac or neuro-surgery and was similarly prevented from boarding the train, " the court remarked.
It was also noted that though the entrance exams had been conducted, the interviews were yet to be conducted and selection of general candidates was yet to be done. "The admission process is still inchoate," the bench pointed out.
And in case, Shukla qualified for the exam and made his way to the merit list, the court wants him to be granted admission in the course.
The court also asked Shukla to be given assistance, as permissible under the applicable rules, for undertaking the examination.
The court held the rights of the visually impaired persons. "It is the responsibility of every authority and person to facilitate the compliance with the constitutional mandate ensuring social justice and equality to marginalised and that the spirit, intendment and purpose of the provisions of the Rights of Persons with Disabilities Act, 2016 are ensured," said said the bench of acting chief justice Gita Mittal and Justice C Hari Shankar.
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