Tuesday, June 14, 2022

Yogesh Pal Vs. Institute for the Blind, | Case No. 2484/1111/2022/01/5653-5654 | Dated:14-06-22

 In the Court of the State Commissioner for Persons with Disabilities
National Capital Territory of Delhi
25-D, Mata Sundari Road, Near Guru Nanak Eye Centre, New Delhi-110002
Phone: 011-23216003-04, Email: comdis.delhi@delhi.gov.in
[Vested with powers of Civil Court under the Rights of Persons with Disabilities Act, 2016]


Case No. 2484/1111/2022/01/5653-5654                 Dated:14-06-22 

In the matter of:

Sh. Yogesh Pal
S/o. Sh. Ram Swaroop Pal,
Institute for the Blind,
Panchkuian Road, New Delhi-110001
(e-mail: yogeshpal2562@gmail.com) ......…..Complainant

Versus

The Administrative Secretary,
Institute for the Blind,
Panchkuian Road, 
Near R.K. Ashram Metro Station,
Opp. Pillar No. 24, New Delhi-110001
(e-mail: ifbblindschool@gmail.com ) ………..Respondent


Date of Hearing: 14.06.2022

Present: Sh. Yogesh Pal, Complainant

Sh.  Shivendra Kumar, Administrative Secretary on behalf of respondent


ORDER

The complainant, a person with visual impairment vide email dated 17.01.2022 filed a complaint under the Rights of Persons with Disabilities Act 2016, hereinafter referred to as the Act regarding discrimination by the respondent.  The complainant submitted that he is studying in the institute since 2015 and residing in the hostel of the institute.  Further, whenever any friend comes to meet him and wants to stay with him, the school authorities do not allow while they are permitting others to do so. Thus, he requested to intervene and stop the discrimination by the Institute.

2. The matter was taken up with the respondent vide letter dated 27.01.2022 followed by reminders dated 18.02.2022, 22.03.2022 and 12.05.2022.  In response Vice Principal of the Institute for the Blind vide letter dated 12.05.2022 submitted that the Institute is providing free of cost education to blind students upto class 8th  and free hostel facility to the blind students.  He further informed that complainant brings his friends to his room without any information or intimation to the institute.  Most of them are the students who are expelled from other institutes and are involved in bad habits.  The complainant was repeatedly asked to refrain from such activities but he never listened to the staff and also misbehaved with the management. Thus, in order to protect other students from the bad influence of such outsiders, authorities have prohibited entry of the visitors of complainant. They also brought above facts to the notice of the Sh. C.K. Chaturvedi, Retired Additional District Judge who had been appointed as Receiver on 25.10.2019 by the Hon’ble District Court, Saket for managing the affairs of the above Institute.

3. As the complainant was not satisfied with the reply of the respondent which was forwarded to him, a hearing was scheduled on 14.06.2022.  The complainant reiterated his submissions and added that he should not be discriminated by Institute / School Management as they are permitting other students to let their guests stay with them but only his guests/friends are prohibited in hostel. 

4.   After due deliberation and discussion, it is observed by the Court that the complainant should cooperate with the authorities of the Institute by mending his behaviour and following all the rules / bye laws framed by the Institute in order to maintain discipline.  However, taking an empathetic view in the matter and request of the complainant, it is recommended that no such discrimination should be done by respondent in case of complainant and he should be treated on similar grounds as made for others.  Thus, Respondent is also advised to adopt an empathic approach towards the complainant and other visually impaired students / inmates residing the Institute and maintain a uniformed policy for all.  

5. The case is closed with the above recommendations and action taken be intimated to this court within 3 months from the date of receipt of this order as required under section 81 of the Act.

6. Given under my hand and the seal of the Court this 14th day of June, 2022.  

 

(Ranjan Mukherjee) 
                               State Commissioner for Persons with Disabilities



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