Sambhavana V/s Sambhavana

Information Type: Judicial Information
Court: Supreme Court
Date of Judgment(s): 2014-05-29
Case No: 4722-4723 OF 2013
Case Type: Appeal (Civil)
Judge Name: B.S.Chauhan & Dipak Misra
Subject: Civil Law
Statutes / Acts: Constitution of India
Section: Article 21
Bench Strength: Double Bench
State of Appellant(s): Delhi
History of Case No: appellant-organisation invoked the jurisdiction of the High Court of Delhi in WP(C) No. 2982 of 2013
Case Note / Description :

The University has to live the role of Loco Parentis and show its concern to redress the grievances in proper perspective. Not for nothing Ralph Waldo Emerson had said “the secret of education is respecting pupil”. Thus, the necessity of the visually impaired students 1Page 15 should have primacy in the mind of the Empowered Committee of the University. Education for visually impaired students is a great hope for them and such a hope is the brightest bliss in their lives. History has recorded with pride that some men with visual impairment have shown high intellectual prowess. The anguish and despondency in the life of Milton, the famous English poet, did not deter him to carry out the mission of his life. Lack of vision could not destroy his Will power. Needless to say that he had the support of the society. The ancient sage “Ashtavakra” while laying down the traffic rules had categorically stated that the blind man has the first right on the road. Thus, emphasis has always been laid on the visually impaired persons for many a reason. When we say so, we may not be understood to have said that otherwise impaired or disabled people are to be treated differently in the constitutional and statutory scheme. We have only laid emphasis on the visually impaired students for the purpose of present case. It is the need of the present time that the University shall look into the matter and mitigate the grievances of the visually impaired students as far as possible. We have already indicated that we are not experts. But we are disposed to think that the problem has remained unsolved. The same is required to be addressed to in an apposite manner. We do not intend to say that it has not at all been addressed but there has to be more focus, more empathy and more sensitivity. Therefore, we permit the appellant-organisation to submit a representation indicating its grievances and the views to the said Committee within three days which shall be dealt with by the Committee within a week hence.

Persons with Disabilities (Equal Opportunities, Protection of Rights
and Full Participation) Act, 1995

Constitution of India

 
 
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