Delhi High Court orders JNU to provide free hostel accommodation to visually impaired student Sanjeev Kumar Mishra, emphasizing inclusivity for the differently abled. The court dismissed JNU’s claim, citing insufficient evidence. The decision highlights a commitment to equal opportunities for all students.
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DELHI: On 27th February, the Delhi High Court has directed Jawaharlal Nehru University (JNU) to offer hostel accommodation at no cost to Sanjeev Kumar Mishra, a visually impaired student enrolled in a Master’s program. Justice C Hari Shankar emphasized that the university’s hostel manual mandates the provision of accommodation to all differently abled students without discrimination. The court’s ruling underscores the entitlement of differently abled students to equal opportunities and facilities.
Justice Hari Shankar stated-
“The petitioner is, therefore, entitled, as of right, to hostel accommodation, provided by the JNU within its campus, free of cost, with all other entitlements to which a differently abled student is entitled under the law and the policies of the JNU, till completion of his Masters degree course in Sociology.”
This directive comes as a significant step towards ensuring inclusivity and support for differently abled individuals in educational institutions.
Highlighting the importance of terminology, the court remarked-
“The appropriate term to describe persons with disability would be ‘differently abled’ and not ‘disabled’.”
This aligns with the principles of the Right of Persons with Disabilities Act, 2016, which aims to provide an equal playing field for all individuals.
The case arose when Mishra, denied hostel accommodation due to his enrollment in a second Master’s program, sought judicial intervention. JNU defended its stance by citing the hostel manual, but the court found this unjustifiable in the absence of empirical evidence. Justice Hari Shankar elaborated on the broader implications of this decision, stating-
“Given the means to tide over the difference, a differently abled person no longer remains differently abled, and becomes a part of the homogeneous human whole.”
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The court’s recent decision, for disability rights, was made possible through the legal representation of Advocate Rahul Bajaj for Mishra and the commendable efforts of JNU’s legal team, featuring Monika Arora, Subhrodeep Saha, and Kushal. This pivotal ruling not only addresses the immediate concerns of Sanjeev Kumar Mishra but also establishes a crucial precedent for the just treatment of differently-abled students nationwide.
CASE TITILE: [Sanjeev Kumar Mishra v Jawaharlal Nehru University & Ors.]
[READ THE ORDER]
