Delhi High Court Comes To Aid Of Visually Impaired Assistant Professor Of Delhi University Asked To Vacate Hostel Accommodation

Sharmishthaa Atreja, the petitioner, who is visually impaired, and works as an Assistant Professor in the Department of Philosophy, Faculty of Arts, University of Delhi approached the court seeking to quash a letter dated 03.10.2023 from the University, which directed her eviction from her allocated residence, citing the need for accommodation for the warden.

She argued that the eviction letter violated the Constitution of India, the Rules for Allotment of Residences, and the Public Premises (Eviction of Unauthorized Occupants) Act, 1971.

Atreja further requested the court to direct the university to provide her with accommodation near her department, considering her entitlements and reasonable accommodations under the Rights of Persons with Disabilities Act, 2016. Additionally, she sought a direction to prevent her eviction from the University Graduate Hostel for Girls until alternate accommodation was arranged.

The court had requested Advocate Mohinder J. S. Rupal, the Advocate, to intervene in the matter to prevent an adversarial stance from the university. Eventually, an alternate premises was identified as suitable accommodation for Atreja. Thereafter, Atreja's counsel presented a list of civil works required in the premises, including securing of exposed wires.

The court has directed the university to complete the specified civil works within four weeks.

Further, the Court has instructed Atreja to vacate her current premises by 15.03.2024, by which time the civil works would be completed.

“It is expected that looking at the fact that the Petitioner is 100% visually impaired and has been facing difficulties because of her physical disability, the University is requested to take a sympathetic view in this matter,” the Court added while disposing of the writ petition.

Advocates Dr. Amit George, Mr. Dhiraj Philip, Mr. Febin Mathew, Ms. Srishti Agrawal and Mr. Rayadurgam Bhara appeared for the  petitioner.

Case Title: SHARMISHTHAA ATREJA vs UNIVERSITY OF DELHI & ORS

Citation: 2024 LiveLaw (Del) 170

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