Dear Visitor,
This page highlights the important case laws decided by the Court of State Commissioner for Persons with Disabilities, Delhi, from different theme areas elucidating the subject from the perspective of an expert on applied and legal side of disability jurisprudence and could be called as path breaking.
The subjects have been divided in to Education, Accessibility, Employment, Special Courts, Disability Certification, Representation of Persons with Disabilities in Govt Bodies, Disability Pension, Other benefits such as income tax exemptions, GST exemptions in purchase of vehicles, other subsidies etc.
Education
1. Inclusive or Special Education - Deepak & Others Vs Bharatiya Vidya Bhavan’s Mehta Vidyalaya & Ors | Case No. 4/1282/2016-Wel./CD/ 2605-08 (01-04) | Dated: 31.03.2017
2. Appointment of Special Educators in Govt. Schools - Naveen Kumar Vs. Commissioner East Delhi Municipal Corporation & 3 Others | Case No.4/1738/2017-Wel/CD/7093-96 | Dated: 04.05.2018
3. Inclusive Education - Mohd. Ehsan Khan Vs. Principal YMCA Public School & Anr | Case No. 514/1032/2018/09/1709-1714 | Dated: 09.04.2019
4. Admission of Children with Intellectual Disabilities in Private Schools - Ganga Bisht Vs. The District Coordinator, Dy Director of Education | Case No.842/1031/2019/04/6617-6618 | Dated: 14/10/2019
5. Appointment of Special Educators in Govt. Schools - Naveen Kumar Vs. Commissioner East Delhi Municipal Corporation & 3 Others | Case No.4/1738/2017-Wel/CD/7093-96 | Dated: 04.05.2018
6. Special Wing in private school in the name of inclusive education - Shailja Sharma Vs. The Principal, Air Force Golden Jubilee Institute & Anr. | Case No. 1029/1032/2019/07/8898-8900 | Dated:18.12.2019
Accessibility
1. Inaccessibility of Built Environment & Transport Infrastructure - Suo-Motu Vs. 14 Departments of NCT of Delhi / Subhash Chandra Vashishth Vs. Commissioner North MCD & 8 Others | Dated 26.11.2019
2. Accessibility in public places. Public Facilities & Services, Places of Worship etc - Suo Motu Vs. District Magistrate (North East) & 11 Others | Case No. 247/1101/2018/05/6629-6644 | Dated 15.10.2019
3. Accessibility in the Babu Jagjivan Ram Memorial Hospital, Delhi - Suo-Motu Vs. MS, Babu Jagjivan Ram Memorial Hospital & Anr. | Case No. 1106/1011/2019/09/6626-6628 | Dated: 15.10.2019
4. Accessibility in Ramlal Anand College - Jayant Singh Raghav & 5 Others Vs. Vice Chancellor, Delhi University & Anr. | Case No. 1108/1101/2019/09/7155-58 | Dated:18.10.2019
5. Accessibility in Police Stations - Sh. Pradeep Raj Vs. DCP (North East District) | Case No. 974/1141/2019/06/6712-6713 | Dated: 16.10.2019
6. Accessibility of Roads - Arun Shah Vs. SDMC | Case No. 888/ 1101/2019/ 05/ 6681-6682 | Dated:16.10.2019
7. Accessibility in Markets & Hotels - Dr. Nitesh Tripathi Vs. NDMC & Khadi India Outlet | Case No. 588/1101/2018/11/1578-1583 | Dated: 29.03.2019
8. Accessible Toilets in public places, Accessibility at public utility places, Inaccessible places and facilities including public and Community Toilets, - Nitesh Kumar Tripathi Vs. Commissioner North DMC & Executive Engineer (PWD) | Case No. 10/1101/2017/10/9664-67 | Dated:05/09/2018
Employment
1. Regularisation of jobs of Leprosy Cured Persons - Pirappa S/o Sh. Hemlappa Vs. North Delhi Municipal Corporation | Case No. 4/511/2013-Wel/CD/3907-10 | Dated 17.01.2018
2. Reservation and recruitment of Leprosy cured persons in jobs - Bimbadhar Sethi Vs. Commissioner(s) NDMC, SDMC & EDMC | Case No. 753/ 1011/ 2019 /02/ 6594-6597 | Dated: 11.10.2019
3. Rejoining on job after acceptance of resignation - Vishal Gupta Vs. Executive Engineer (Electrical) SDMC | Case No. 1006/1111/2019/07/6319-6320 | Dated: 04.10.2019
4. Vending Licences to persons with disabilities. - Mohammed Shabbir Ahmed Khan Vs. The Commissioner, EDMC | Case No. 4/1616/2017-Wel/CD/1759-60 | Dated: 08.09.2017
5. Appointment as Senior Resident for Doctor with Disability - Dr. Gunjan Nain Vs. The Dean, Maulana Azad Medical College, (MAMC) | Case No. 4/408/1013/2018/08/9797-9798 | Dated:13/09/2018
6. Harassment of vendors with disabilities, shops, PCO Booths, Kiosks & Khokas. - Namdev Pandit & 54 Ors Vs. Urban Development Deptt & Ors | Case No. 4/1233/2016-Wel./CD/ 1212-1272 | Dated: 27.07.2017
7. Identification of Posts, Capable candidates with disabilities rejected using post identification which is only indicative & not exhaustive - Manish Kumar Vs. The MS, Govind Ballabh Pant Institute of Post Graduate Medical Education & Research & MS, IBHAS | Case No. 206/1121/2018/04/7342-47 | Dated: 18 May 2018
Special Courts
1. Establishment of Special Courts under RPWD Act 2016 - Suo Motu Vs. Principal Secretary, Department of Law, Justice & Legislative Affairs | Case No. 988/1141/2019/06/ 3652-3657 | Dated: 22.07. 2019
Disability Certification
1. Lack of Single/ Common Certification for Deaf Blind persons - Suo Motu Vs. Principal Secretary, Health & Family Welfare Department | Case No. No. 1253/1121/2019/10/ 7334-7363 | Dated: 30/10/2019
2. Certification & Treatment of Persons with Mental Illness - B.G. Sarkar Vs. The MS, Institute of Human Behaviour and Allied Sciences & Anr | Case No. 35/1141/2017/11/5904-09 | Dated: 05.03.2018
Representation of Persons with Disabilities
1. Accessible Elections in Delhi - Suo Motu Vs. Chief Election Commissioner | Case No. 1252/1106/2019/10/7329-7333 | Dated: 29.10.2019
Transportation, Driving Licences and Excise Duty Concessions, Road Tax Exemptions
1. Mini Stage Carriage buses no complying with reservation of seats in buses for disabled - Pawan Kumar Vs. Secretary-Cum-Commissioner, Transport Department | Case No. 4/1493/2016-Wel/CD/ 685-86 | Dated: 07.06.2017
2. Driving Licences, GST and Road Tax Exemption for persons with Disabilities - Suvarna Raj Vs. The Motor Licensing Officer, Transport Department & Anr. | Case No. 724/1092/2019/02/5476-5478 | Dated:17.09.2019
3. Driving License for Invalid Carriage, Excise Duty Concession for Persons with Disabilities - Manwendra Sharma Vs. Secretary-Cum-Commissioner,Transport Department & Anr. | Case No. 287/1141/2018/05/9565-67 | Dated:28/08/2018
Disability Pension
1. Pension not released - Anup Sagar, Halla Bol Times Vs. Director, Deptt of Social Welfare | Case No. 414/1092/2018/08/947-949 | Dated: 20.02.2019
2. Two Disability pension issued, adjustment/ recovery, thereof - Mobena Begum Vs. Deptt of Social Welfare & Anr | Case No. 627/1092/2018/12/1890-1892 | Dated:18.04.2019
3. Disability pension not granted as petitioner could not upload Disability Certificate online properly - Ram Chandar Vs. Director, Deptt of Social Welfare | Case No. 648/1092/2018/12/914-916 | Dated:09.02.2019
4. Disability pension not released due to documents verification & uploading - Tara Devi Vs. Deptt of Social Welfare | Case No. 792/1092/2019/03/1899-1901 | Dated: 18.04.2019
5. Disability Pension to disabled dependent - S. Natarajan Vs. Medical Superintendent, Guru Nank Eye Centre | Case No. 4//1563/2017-Wel./CD/ 3675-76 | Dated: 02.01.2018
Allotment of Land on concessional rates under Section 37
1. Dr. Sudhansu Singh Vs. CEO, Delhi Urban Shelter Improvement Board & Anr | Case No. 4/1693//2017-Wel./CD/3899-3902 | Dated: 17.01.2018
Guardianship
1. Guardianship for daughter with intellectual disability - Smt. Suman, M/o Ms. Nisha Vs. Divisional Commissioner, Deptt of Revenue | Case No. 4/1116/2015-Wel/CD/4012-4013A | Dated: 29.01.2018
2. Guardianship for Children with Intellectual disability - Dilip Kumar Vs. District Magistrate & Two Others | Case No.107/1141/2018/02/9702-05 | Dated:07/09/2018
This page highlights the important case laws decided by the Court of State Commissioner for Persons with Disabilities, Delhi, from different theme areas elucidating the subject from the perspective of an expert on applied and legal side of disability jurisprudence and could be called as path breaking.
The subjects have been divided in to Education, Accessibility, Employment, Special Courts, Disability Certification, Representation of Persons with Disabilities in Govt Bodies, Disability Pension, Other benefits such as income tax exemptions, GST exemptions in purchase of vehicles, other subsidies etc.
Education
1. Inclusive or Special Education - Deepak & Others Vs Bharatiya Vidya Bhavan’s Mehta Vidyalaya & Ors | Case No. 4/1282/2016-Wel./CD/ 2605-08 (01-04) | Dated: 31.03.2017
2. Appointment of Special Educators in Govt. Schools - Naveen Kumar Vs. Commissioner East Delhi Municipal Corporation & 3 Others | Case No.4/1738/2017-Wel/CD/7093-96 | Dated: 04.05.2018
3. Inclusive Education - Mohd. Ehsan Khan Vs. Principal YMCA Public School & Anr | Case No. 514/1032/2018/09/1709-1714 | Dated: 09.04.2019
4. Admission of Children with Intellectual Disabilities in Private Schools - Ganga Bisht Vs. The District Coordinator, Dy Director of Education | Case No.842/1031/2019/04/6617-6618 | Dated: 14/10/2019
6. Special Wing in private school in the name of inclusive education - Shailja Sharma Vs. The Principal, Air Force Golden Jubilee Institute & Anr. | Case No. 1029/1032/2019/07/8898-8900 | Dated:18.12.2019
Accessibility
1. Inaccessibility of Built Environment & Transport Infrastructure - Suo-Motu Vs. 14 Departments of NCT of Delhi / Subhash Chandra Vashishth Vs. Commissioner North MCD & 8 Others | Dated 26.11.2019
2. Accessibility in public places. Public Facilities & Services, Places of Worship etc - Suo Motu Vs. District Magistrate (North East) & 11 Others | Case No. 247/1101/2018/05/6629-6644 | Dated 15.10.2019
3. Accessibility in the Babu Jagjivan Ram Memorial Hospital, Delhi - Suo-Motu Vs. MS, Babu Jagjivan Ram Memorial Hospital & Anr. | Case No. 1106/1011/2019/09/6626-6628 | Dated: 15.10.2019
4. Accessibility in Ramlal Anand College - Jayant Singh Raghav & 5 Others Vs. Vice Chancellor, Delhi University & Anr. | Case No. 1108/1101/2019/09/7155-58 | Dated:18.10.2019
5. Accessibility in Police Stations - Sh. Pradeep Raj Vs. DCP (North East District) | Case No. 974/1141/2019/06/6712-6713 | Dated: 16.10.2019
6. Accessibility of Roads - Arun Shah Vs. SDMC | Case No. 888/ 1101/2019/ 05/ 6681-6682 | Dated:16.10.2019
7. Accessibility in Markets & Hotels - Dr. Nitesh Tripathi Vs. NDMC & Khadi India Outlet | Case No. 588/1101/2018/11/1578-1583 | Dated: 29.03.2019
8. Accessible Toilets in public places, Accessibility at public utility places, Inaccessible places and facilities including public and Community Toilets, - Nitesh Kumar Tripathi Vs. Commissioner North DMC & Executive Engineer (PWD) | Case No. 10/1101/2017/10/9664-67 | Dated:05/09/2018
Employment
1. Regularisation of jobs of Leprosy Cured Persons - Pirappa S/o Sh. Hemlappa Vs. North Delhi Municipal Corporation | Case No. 4/511/2013-Wel/CD/3907-10 | Dated 17.01.2018
2. Reservation and recruitment of Leprosy cured persons in jobs - Bimbadhar Sethi Vs. Commissioner(s) NDMC, SDMC & EDMC | Case No. 753/ 1011/ 2019 /02/ 6594-6597 | Dated: 11.10.2019
3. Rejoining on job after acceptance of resignation - Vishal Gupta Vs. Executive Engineer (Electrical) SDMC | Case No. 1006/1111/2019/07/6319-6320 | Dated: 04.10.2019
4. Vending Licences to persons with disabilities. - Mohammed Shabbir Ahmed Khan Vs. The Commissioner, EDMC | Case No. 4/1616/2017-Wel/CD/1759-60 | Dated: 08.09.2017
5. Appointment as Senior Resident for Doctor with Disability - Dr. Gunjan Nain Vs. The Dean, Maulana Azad Medical College, (MAMC) | Case No. 4/408/1013/2018/08/9797-9798 | Dated:13/09/2018
6. Harassment of vendors with disabilities, shops, PCO Booths, Kiosks & Khokas. - Namdev Pandit & 54 Ors Vs. Urban Development Deptt & Ors | Case No. 4/1233/2016-Wel./CD/ 1212-1272 | Dated: 27.07.2017
7. Identification of Posts, Capable candidates with disabilities rejected using post identification which is only indicative & not exhaustive - Manish Kumar Vs. The MS, Govind Ballabh Pant Institute of Post Graduate Medical Education & Research & MS, IBHAS | Case No. 206/1121/2018/04/7342-47 | Dated: 18 May 2018
Special Courts
1. Establishment of Special Courts under RPWD Act 2016 - Suo Motu Vs. Principal Secretary, Department of Law, Justice & Legislative Affairs | Case No. 988/1141/2019/06/ 3652-3657 | Dated: 22.07. 2019
Disability Certification
1. Lack of Single/ Common Certification for Deaf Blind persons - Suo Motu Vs. Principal Secretary, Health & Family Welfare Department | Case No. No. 1253/1121/2019/10/ 7334-7363 | Dated: 30/10/2019
2. Certification & Treatment of Persons with Mental Illness - B.G. Sarkar Vs. The MS, Institute of Human Behaviour and Allied Sciences & Anr | Case No. 35/1141/2017/11/5904-09 | Dated: 05.03.2018
Representation of Persons with Disabilities
1. Accessible Elections in Delhi - Suo Motu Vs. Chief Election Commissioner | Case No. 1252/1106/2019/10/7329-7333 | Dated: 29.10.2019
Transportation, Driving Licences and Excise Duty Concessions, Road Tax Exemptions
1. Mini Stage Carriage buses no complying with reservation of seats in buses for disabled - Pawan Kumar Vs. Secretary-Cum-Commissioner, Transport Department | Case No. 4/1493/2016-Wel/CD/ 685-86 | Dated: 07.06.2017
2. Driving Licences, GST and Road Tax Exemption for persons with Disabilities - Suvarna Raj Vs. The Motor Licensing Officer, Transport Department & Anr. | Case No. 724/1092/2019/02/5476-5478 | Dated:17.09.2019
3. Driving License for Invalid Carriage, Excise Duty Concession for Persons with Disabilities - Manwendra Sharma Vs. Secretary-Cum-Commissioner,Transport Department & Anr. | Case No. 287/1141/2018/05/9565-67 | Dated:28/08/2018
Disability Pension
1. Pension not released - Anup Sagar, Halla Bol Times Vs. Director, Deptt of Social Welfare | Case No. 414/1092/2018/08/947-949 | Dated: 20.02.2019
2. Two Disability pension issued, adjustment/ recovery, thereof - Mobena Begum Vs. Deptt of Social Welfare & Anr | Case No. 627/1092/2018/12/1890-1892 | Dated:18.04.2019
3. Disability pension not granted as petitioner could not upload Disability Certificate online properly - Ram Chandar Vs. Director, Deptt of Social Welfare | Case No. 648/1092/2018/12/914-916 | Dated:09.02.2019
4. Disability pension not released due to documents verification & uploading - Tara Devi Vs. Deptt of Social Welfare | Case No. 792/1092/2019/03/1899-1901 | Dated: 18.04.2019
5. Disability Pension to disabled dependent - S. Natarajan Vs. Medical Superintendent, Guru Nank Eye Centre | Case No. 4//1563/2017-Wel./CD/ 3675-76 | Dated: 02.01.2018
Allotment of Land on concessional rates under Section 37
1. Dr. Sudhansu Singh Vs. CEO, Delhi Urban Shelter Improvement Board & Anr | Case No. 4/1693//2017-Wel./CD/3899-3902 | Dated: 17.01.2018
Guardianship
1. Guardianship for daughter with intellectual disability - Smt. Suman, M/o Ms. Nisha Vs. Divisional Commissioner, Deptt of Revenue | Case No. 4/1116/2015-Wel/CD/4012-4013A | Dated: 29.01.2018
2. Guardianship for Children with Intellectual disability - Dilip Kumar Vs. District Magistrate & Two Others | Case No.107/1141/2018/02/9702-05 | Dated:07/09/2018
