In a recent development, the Delhi High Court has directed Delhi University (DU) to refrain from taking any coercive action against a visually impaired assistant professor, who was fined over Rs 6 lakh for allegedly overstaying in the girls’ hostel.
Interim Relief for Professor
Justice Sanjeev Narula, presiding over a single-judge bench, issued an interim order on Tuesday stating, “…considering the foregoing circumstances, no further coercive action will be taken (against the petitioner) till the next date of hearing.” The next hearing is scheduled for October 1.
Notice to Delhi University
The High Court has issued a notice to DU in response to the professor’s main plea challenging the demand for payment and has asked the university to file a response.
Background of the Case
The petitioner, a 100% visually impaired philosophy professor at the Arts Faculty, challenged a communication issued last month by DU, demanding she pay over Rs 6 lakh for her stay in the hostel between August 6, 2021, and March 27, 2024. The demand was to be adjusted from her salary.
Her counsel argued that there was no detailed breakdown of the demand, especially since she was not an unauthorized occupant of the hostel. It was noted that approximately Rs 33,000 had already been deducted from her salary.
Legal Arguments
Relying on the Rights of Persons with Disabilities Act (RpwD), the professor’s counsel contended that the university is required to provide “reasonable accommodation” and that she could not be considered an unauthorized occupant.
However, the university’s counsel argued that the plea was not maintainable and that the petitioner could not challenge the computation of the demand. They stated that the professor was not entitled to the accommodation and was in unauthorized occupation.
Previous High Court Orders
The professor had previously approached the High Court against an October 2023 order from DU asking her to vacate her hostel accommodation on the ground floor, which was needed for the warden. In a February 13 order, the HC had suggested an alternative ground floor accommodation in Maurice Nagar and asked DU to carry out necessary civil works for the new premises. The professor was also asked to vacate the hostel.
Regarding the earlier demand for payment, the HC had allowed the professor to file a representation to DU, urging the university to consider her case sympathetically.
Conclusion
This ongoing case highlights the complexities involved in providing adequate support and accommodation for persons with disabilities. The Delhi High Court’s decision to halt coercive action provides temporary relief to the professor while further legal proceedings continue. Stay tuned for updates on this matter as the case progresses.