Case No.2364/1101/2021/09/5227-5229 Dated:12-05-22
In the matter of:
H.No 241, Gali No. 11, B-Block,
Sant Nagar, Burari,
Delhi-110084. …………..Complainant
Versus
The Chief Managing Director,
IAS Baba, 22B, 3rd Floor, Bada Bazar Road,
Rajinder Nagar,
New Delhi-110060. ...................Respondent No.1
The Deputy Commissioner
Karol Bagh Zone,
North Delhi Municipal Corporation,
DB Gupta Road, Christian Colony,
Block 17 B, Dev Nagar, Anand Parbat,
New Delhi-110005. ....................Respondent No.2
ORDER
The complainant, a person with 65% locomotor disability vide email dated 20.09.2021 filed a complaint under the Rights of Persons with Disabilities Act 2016, hereinafter referred to as the Act, regarding inaccessibility of the premises of IAS Baba Coaching Institute Karol Bagh, Delhi where the complainant had applied for Mock Test for UPSC Civil Service Examination which was scheduled to be held on 22.09.2021 & 26.09.2021. He also attached photos of above inaccessible building in support of his claim. Thus, he requested this Court to pass proper instructions to the CMD, IAS Baba Coaching Institute to make the above premises accessible and provide barrier free environment for him and other persons with disabilities.
2. The matter was taken up with the Respondents vide letter dated 27.09.2021 followed by reminders dated 27.10.2021 and 15.02.2022. The brief facts of the case were mentioned in the Interim Order passed on 26.04.2022.
3. It is also pertinent to mention here that Section 40 to 46 of the Rights of Persons with Disabilities Act, 2016 mandate the appropriate Government to ensure accessibility of physical environment, transport and information and communications technologies, goods, equipments and services provided to public in urban and rural areas for persons with disabilities as per the standards laid down by the Central Government within 5 years from the date of notification of the Rules. Further Rule 15 of the Rights of Persons with Disabilities Rules, 2017 requires that the standards for public buildings as specified in the “Harmonised Guidelines and Space Standards for Barrier Free Built Environment for Persons with Disabilities and Elderly Persons” issued by the Govt. of India, Ministry of Urban Development in 2016 are also needs to be followed by all concerned.
4. The court reserved the final recommendations in the instant case till receipt of the response / action taken report to be submitted by Respondent No. 1 & 2 in order to ascertain the fact that the accessibility standards as per prescribed sections of RPwD Act, 2016 and RPwD Rules, 2017 are being followed in appropriate manner.
5. Subsequent to the Interim Order dated 26.04.2022, Asstt. Engineer (Bldg.) North DMC / Respondent No. 2 vide its Inspection Report dated 06.05.22 submitted that a coaching Institute is being run in the name of IAS Baba at 2nd, 22B Pusa Road, Karol Bagh. The above building is old and occupied, however some measures like provision of lift, low floor toilets were existed at the new site but the present provisions do not fulfil the laid down criteria as railing was found missing which is mandatory as per prescribed Sections of the RPwD Act / Rules. Further it was informed that the owner/ occupier of the said Institute had already been instructed to comply with all the guidelines / mandatory provisions of the RPwD Act / Rules on urgent basis.
6. Respondent No. 1 i.e. IAS Baba Coaching Institute vide letter dated 04.05.22 informed that on complainant’s request received through e-mail for allocation of an accessible and disabled friendly testing centre, they offered him an alternative arrangement with an option of writing the exam at his place by sending question paper through email and complainant was also agreed for the same. Though the complainant appeared for mock test by an alternative method as opted by him and had already been refunded the due amount paid by him, now only with an ulterior motive he had approached this Court. Thus, the respondent has not violated any of the loss which affects the complainant.
7. In view of the facts of the case, submissions of the complainant and respondents, existing sections of Rights of Persons with Disabilities Act, 2016 and RPwD Rules, the Court recommended as under:
(i) Court observed that it is the duty and responsibility of the Respondent 1 & 2 to make a barrier free environment for persons with disabilities including complainant by maintaining accessibility standards keeping in view of the prescribed Sections of the RPwD Act, 2016 and Rights of Persons with Disabilities Rules, 2017.
(ii) Respondent No. 1 is directed to fulfil all the laid down criteria and also arrange to provide equal opportunity to persons with disabilities in the Coaching Centre by registering its “Equal Opportunity Policy” with the Office of the State Commissioner for Persons with Disabilities as required under Section 21 of the RPwD Act, 2016 & Rule 8 of the Rights of Persons with Disabilities Rules, 2017.
(iii) Respondent No. 2 should lay down the time frame for Respondent No.1 in order to accomplish and fulfil the laid down criteria as per RPwD Act, 2016 and also send an ATR in this regard to this Court.
8. The case is closed with the above recommendations and an action taken be intimated to this Court within three months from the date of receipt of this order as required under section 81 of the Act.
9. Given under my hand and the seal of the Court this 12th day of May, 2022.
