Karnataka High Court Directs Statistical Institute To Construct Disabled-Friendly Quarters Within 2 Yrs, Irrespective Of Fund Availability

The Karnataka High Court has directed Bengaluru's Indian Statistical Institute to complete the proposed construction of disabled-friendly accommodation within two years, notwithstanding the availability of funds. The court passed the order in a plea by a specially abled Associate Professor working with the institute who had sought various reliefs including direction to ISI Administrators to provide appropriate infrastructural facilities to the persons with physical disabilities in general and to the Petitioner in particular, including suitable accommodation, transportation and other facilities. The plea further sought direction to ISI to constitute a permanent committee, within the ISI, at each of its Centres to deal with the issues confronted by disabled persons; to formulate appropriate policies providing for reservation for candidates with disabilities/physically handicapped persons in recruitment and promotions; as contemplated in Persons with Disabilities (Equal Opportunities, Protection of Rights & Full Participation) Act 1995. The grievance of the petitioner was that he had not been provided with a disability friendly accommodation within the campus and that he has been made to stay/reside in a guest house comprising of one single room and attached washroom which he has been using for all his needs including for cooking. On July 7, the ASG appearing for the ISI had submitted an affidavit before Justice MGS Kamal stating that the proposed construction shall be completed within period of two years subject to fund availability and the institution and had assured the court that the institute shall make an earnest endeavour and take all necessary steps to complete the construction of the quarters.Meanwhile the petitioner's counsel had argued that though the affidavit assured construction within the time specified however the assurance and undertaking is subject to a rider regarding availability of fund, which is unclear. To this the ASG had said that the rider was placed as abundant caution. He said since the location of the site is identified and finalized, proposed plan is finalized, cost of construction finalized, the time is also finalized, the respondent-institution shall ensure that the construction would be completed within the time frame mentioned irrespective of the rider regarding availability of funds. On this day the court had passed the following order:"The aforesaid submission of learned ASG regarding completion of the proposed construction within the time stipulated is placed on record. Thus, it is made clear notwithstanding the rider regarding availability of fund, the respondent-institute shall complete the proposed construction within two years from today". When the matter was listed on July 20, the court was considering other reliefs sought by the petitioner. In this hearing the court was informed that admittedly a committee known and called as 'Rights of Persons with Disability' had been constituted, of which the petitioner himself is the chairman. The respondent's counsel submitted that a policy with regard to recruitment, promotion and increment as contemplated under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 is already in place."There is no dispute to the aforesaid aspect of the matter. In that view of the matter, this Court do not see any reason to delve into the merits or otherwise of the contentions urged with regard to aforesaid aspects of the matter. However, should there be any breach of any rights of the petitioner, in not adhering to the policies referred to above, he is always at liberty to approach this court, seeking reddressal of his grievance, if any, in accordance with law," the court said and disposed of the plea.Case title: PROF DR KAUSHIK MAJUMDAR v/s INDIAN STATISTICAL INSTITUTE WRIT PETITION NO. 12748 OF 2015 (GM-RES)Appearance: SRI. SEETHA RAMA RAO B C.,ADVOCATE for petitionerSRI. S.RAJASHEKAR.,ADVOCATE FOR R1 TO R5, SRI. MAHANTESH SHETTAR.,AGA FOR RClick Here To Read/Download Order

Karnataka High Court Directs Statistical Institute To Construct Disabled-Friendly Quarters Within 2 Yrs, Irrespective Of Fund Availability

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Karnataka High Court Directs Statistical Institute To Construct Disabled-Friendly Quarters Within 2 Yrs, Irrespective Of Fund Availability

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