Locked out of train; Delhi HC to the rescue of a visually impaired student who missed entrance exam

In an attempt to put an end to discrimination against disabled persons, the Delhi High Court has directed the University of Delhi to conduct an entrance exam especially for a visually impaired student who could not appear in the scheduled examination due to supervening circumstances..Vaibhav Shukla, who had a meritorious academic background, was unable to appear in the entrance exam for admission into the M.Phil (Sanskrit) course as he was prevented from boarding the coach reserved for the disabled in the Gorakhdham Express train. The reserved coach had been locked from inside and despite every effort, the door of the coach was not opened by the persons who had been permitted to occupy it..Moved by the manner in which the rights of a physically disabled person had been infracted and the inaccessibility of the railway network to the disabled as a mode of access, the court took suo-motu cognizance of the case..While emphasizing on Articles 14-18 of the Constitution, the Bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar observed,.“The Constituent Assembly drafting the Constitution of India undertook not only a most difficult task of carving out an egalitarian society from the divergence provided by religions, communities, races, linguistic identities, beliefs and practices in India, but also recognized the marginalization of those with disabilities..Despite the Constitutional guarantee by Article 14 of equality before law and equal protection of the laws, it is a harsh reality that substantive equality has not been ensured to disabled persons.”.With regard to Section 16 and Section 41 of the Rights of Persons with Disabilities Act 2016, the Court stated that these statutory provisions read together recognize the necessity of making accommodation for the disabled to access transport enabling their right to education which stands recognized constitutionally and enforced statutorily,.“What flows from the rules of construction and interpretation of statutes is not only that the provisions are to be read together when there is an inconsistency to give effect to both of those provisions, but also that when there are two separate provisions under the same act operating in different domains, both are to be read in tandem to give effect to each of them”.The Court categorically stated that since Vaibhav Shukla was physically prevented from getting into the compartment of the train which was reserved for the persons with disability, there has been a complete denial of the Constitutional right guaranteed to him under Article 14 as well as his statutory rights under the Rights of Persons with Disabilities Act, 2016..Appearing for the Varsity, Senior Advocate Sudhir Nandrajog submitted that the University cannot repeat the entrance test for any candidate again because it is necessary to assess all the candidates on the same yard stick..Amicus Curiae SK Rungta, in turn informed the court that for all examinations conducted by it, the University of Delhi prepares two sets of questions of the same standard and both of the same difficulty quotient level. The alternative question paper available with the University could be used for testing Shukla..The Court observed that every possible argument was being pressed to oppose grant of any relief to the disabled petitioner which is contrary to the spirit, intendment and purpose of the Rights of Persons with Disabilities Act,.“A statutory responsibility was cast under Section 3(5) of the Act of 2016 on all authorities to ensure equality and non-discrimination and also to ensure reasonable accommodation to the disabled persons as the petitioner.”.While directing the University to conduct an entrance exam for Shukla, the Court held that there is no practical difficulty and no legal prohibition for the same,.“It is the responsibility of every authority and person to facilitate the compliance with the Constitutional mandate ensuring social justice and equality to marginalized and that the spirit, intendment and purpose of the provisions of the Rights of Persons with Disabilities Act, 2016 are ensured. The University of Delhi cannot isolate itself from undertaking such enabling measures.”.Read the judgment below.