The Delhi High Court directed the University to complete all the civil works at the alternate accommodation so that the assistant professor could shift and also requested the University to take a sympathetic view.
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NEW DELHI: The Delhi High Court has come forward to assist a visually impaired assistant professor at Delhi University, who was facing eviction from her hostel accommodation. This case highlights the court’s commitment to ensuring justice and support for individuals with disabilities, setting a precedent for similar cases in the future.
Sharmishthaa Atreja, a visually impaired assistant professor in the Department of Philosophy, Faculty of Arts at the University of Delhi, found herself in a challenging situation when she received a letter dated October 3, 2023, from the university.
The letter ordered her eviction from the hostel accommodation that had been allocated to her, stating the need to provide housing for the warden. This move by the university prompted Atreja to seek legal recourse, arguing that the eviction notice was in violation of the Constitution of India, the Rules for Allotment of Residences, and the Public Premises (Eviction of Unauthorized Occupants) Act, 1971.
Atreja’s legal battle was not just about her right to accommodation but also about the broader issue of reasonable accommodations and entitlements under the Rights of Persons with Disabilities Act, 2016. She petitioned the court to quash the eviction letter and to direct the university to provide her with suitable accommodation near her department. Furthermore, she requested that her eviction from the University Graduate Hostel for Girls be halted until alternate arrangements were made.
The court’s response to this matter was both swift and empathetic. It enlisted the help of Advocate Mohinder J. S. Rupal to mediate and find a solution that would avoid an adversarial stance from the university. Through these efforts, an alternate premises was identified as suitable accommodation for Atreja. The court then directed the university to complete necessary civil works within the premises, including securing exposed wires, within four weeks to make the accommodation suitable for Atreja’s needs.
Moreover, the court set a deadline for Atreja to vacate her current premises by March 15, 2024, ensuring that the civil works would be completed by then. The court’s directive was clear and compassionate, emphasizing the need for the university to adopt a sympathetic view towards Atreja’s situation.
The court stated:
“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.”
This case, serves as a poignant reminder of the challenges faced by individuals with disabilities and the crucial role of the judiciary in upholding their rights and dignity. The Delhi High Court’s intervention not only provided relief to Sharmishthaa Atreja but also set a benchmark for how educational institutions should approach the accommodation and welfare of their disabled staff members.
CASE TITLE:
SHARMISHTHAA ATREJA vs UNIVERSITY OF DELHI & ORS.
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