Hemant Kumar Vs. Director (Planning) | Case No. 4/1447/2017-Wel/CD/ 667-68 | Dated: 06.06.2017

Case Summary:

Employment: The complainant, a person with 80% locomotor disability submitted that he has been transferred three times vide Order dated 20.01.2016 from the Directorate of Economics and Statistics (DES) to Education Deptt., Order dated 12.04.2016 from DES to Babu Jagjivan Ram Memorial (BJRM) Hospital and vide Order dated 25.10.2016 from DES to Directorate of Family Welfare (DFW). He alleged that Dy. Director of the Cadre Controlling Unit (CCU) was biased against the employees with disabilities having bad intention to harass him.  He also alleged that the Dy. Director & Asst. Director, CCU themselves have remained in the same Department and cadre for more than 10 years. As per Respondent, Complainant was transferred to Education department in January, 2016. He gave a representation stating that he may be retained in the same office and his order was cancelled. As per record in Planning Department, the residence of Sh. Hemant Kumar is Jahangir Puri.  Keeping in mind the proximity of his residence, his transfer to Education department was cancelled and he was posted in Babu Jagjivan Ram Hospital in Jahangir Puri itself. However, he again represented stating that hospital where he was transferred was not accessible and hence his transfer order may be cancelled. He was thus allowed to continue in DES.

Recommendation: Even while accepting the contention of the respondent that the said transfers were not done deliberately with the intention to harass the complainant on the ground of his disability, there was ample scope and occasion for a more favourable and positive decision by considering his posting to an office of his choice in accordance with the policy of the Government. The respondent may therefore consider if the complainant can be posted to DES, in the spirit of the guidelines issued by DOP&T vide OM dated 31.03.2014 particularly Para No “H” of the said OM.

Rules/Acts/Orders:

-         Para “H” of the DoP&T’s OM No. 36035/3/2013-Estt(Res) dated 31.03.2014

Order / Judgement: 

    In the Court of State Commissioner for Persons with Disabilities

National Capital Territory of Delhi

25- D, Mata Sundari Road, Near Guru Nanak Eye Centre, New Delhi-2

Phone-011-23216002-04, Telefax: 011-23216005, Email: comdis.delhi@nic.in

[Vested with powers of Civil Court under the Rights of

Persons with Disabilities Act, 2016]

Case No. 4/1447/2017-Wel/CD/ 667-68                       Dated: 06.06.2017

In the matter of:

Sh. Hemant  Kumar,

Flat No.A-107, Type-III,

Delhi Administration Flats, Shalimar Bagh,

Near Haiderpur Dispensary,

Delhi-110088.                                                                   .…… Complainant     

                                                                      Versus

The Director (Planning),

Level-6, N-Wing, Delhi Sectt.,

New Delhi-110002.                                                          …...…Respondent

Date of hearing:       22.05.2017

Present:        Sh.  Hemant Kumar,  Complainant.

                     Ms. Manju Sahoo, Deputy Director, Planning Department

                     Ms. Jayashree Krishanan, Asstt Director,Planning Department

ORDER

              The complainant, a person with 80 %  locomotor disability vide his complaint received through email  dated 25.11.2016  submitted that he has been transferred three times vide Order dated 20.01.2016 from the Directorate of Economics and Statistics(DES)  to Education Deptt., Order dated 12.04.2016 from DES to Babu Jagjivan Ram Memorial (BJRM) Hospital and vide Order  dated 25.10.2016 from DES to Directorate of Family Welfare (DFW) (his transfer from DES to BJRM Hospital was cancelled on 02.06.2016 on the same day he was transferred there).  He alleged that Dy. Director of the Cadre Controlling Unit (CCU) was biased against the employees with disabilities having bad intention to harass him.  He also alleged that the Dy. Director & Asst. Director, CCU themselves have remained in the same Department and cadre for more than 10 years. The complainant further alleged that with the intention to harass him, he was   transferred in violation of Para “H” of the DoP&T’s OM No. 36035/3/2013-Estt(Res) dated 31.03.2014 as per which employees with disabilities may be exempted from rotational transfer policy/transfer and be allowed to continue in the same job, where they would have achieved the desired performance.

2.           The complaint was taken up with the Director (Planning) vide communication dated 02.11.2016.  Respondent submitted his reply vide letter dated 10.11.2016 to which the complainant submitted his rejoinder dated 23.12.2016.  Thereafter, the complainant submitted the copies of his rejoinder to the Secretary (Social Welfare) on 07.12.2016 and to the Chief Secretary on 28.02.2016 requesting them to hold personal hearing in his case.

3.           The respondent submitted his comments on the rejoinder also vide letter dated 01.02.2017.  The respondent inter-alia submitted that Sh. Hemant Kumar Joined Dte. of  Economics and Statistics (DES) situated in the 3^rd Floor, Vikas Bhawan-II, Civil lines Delhi -54 as Statistical Assistant on 17.05.2010. He continued to work in DES for a period of  5 years and six months. Thereafter, he was transferred to Education department in January, 2016. He gave a representation stating that he may be retained in the same office and  his order was cancelled. As per record in Planning Department, the residence of Sh. Hemant Kumar is Jahangir Puri.  Keeping in mind the proximity of his residence, his transfer to Education department was cancelled and he was posted in Babu Jag Jivan Ram Hospital in Jahangir puri itself. However, he again represented stating that hospital where he was transferred was not accessible and hence his transfer order may be cancelled. He was thus  allowed to continue in DES.

4.           The respondent further stated that 79 new Statistical Assistants recruited through DSSSB joined Planning Department. Most of the new recruitment (34 out of 79) got posted in DES as DES provides a good platform to begin with and to learn statistical and economics works as their core competency. An administrative decision was taken by the Department to transfer the existing Statistical Assistants completing 5 years and above to other Departments of GNCT of Delhi to accommodate the new recruits. Therefore Sh. Hemant Kumar was transferred to Dte. of Family welfare which is in the same office building i.e. Vikas Bhawan-II Civil lines, Delhi -110054 where he is presently working so that no inconvenience is caused to him in coming to office and moreover he earlier represented to remain in the same complex. The issue of posting and transfer is routine matter and an administrative issue to manage the cadre in the best possible and efficient manner in public interest so that office work does not suffer and at the same time the officials, get enriched by varied experience and knowledge which is, for the betterment of the individual. Moreover the decision of transfer and postings is duly approved by the competent authority and there is no question of any bias or any harassment by any individual officer as alleged by Sh. Hemant Kumar in the representation.

5.           It has further been stated that the officers/officials of Planning Department are not given any special favour. On promotion, an officer at any level is usually posted out of the department except in departments requiring specific skills, which are specific to that department or officers who have competence in dealing with certain matters, where they will be able to contribute better in comparison to those who do not have any exposure to such subjects/departments and hence are retained in the same department.

6.           The transfer/posting of official are made based on completion of minimum tenure of 05 years, proximity to residence, any specific medical/family problem, easy accessibility for differently abled official etc.

             

7.           Upon considering the written submissions of the parties, the matter was scheduled for hearing on 27.04.2017.

8.           On 27.04.2017, none appeared on behalf of the respondent.  The complainant submitted that when he was transferred from DES, Vikas Bhawan-II to Education Department, Luchnow Road, Timarpur, which is located on 2^nd floor, he requested for cancellation of his transfer  as that Office was not accessible. Instead of retaining him in DES, he was transferred to BJRM, which was also not accessible. Besides, he needed to cross the high way to reach his office.  Although his request for cancellation of his transfer from BJRM Hospital was acceded to and he was transferred from BJRM Hospital to DES on the same date i.e. 02.06.2016, he was relieved by the Hospital only on 14.06.2016 A/N.  As per him this indicates the intention of the officers in the CCU to harass him.  They should not have transferred him to BJRM Hospital as they had to cancel his transfer to Education Department on the ground of inaccessibility of that office.  With regard to exemption of persons with disabilities from the rotational transfer policy and to allow them to continue in the same job where whey would have achieved the desired performance, he added that his superior officers in the DES had recommended his retention in their office on the ground of his good performance.  Therefore his transfer from DES to DFW was in violation of Para “H” of  DoP&T OM Dated 31.03.2012.   He further added that there are sufficient number of vacancies in DES and there should be no difficulty in posting him there as he is familiar with the work and environment of DES. He was directed to submit copy of the recommendation on or before the next date of hearing on 22.05.2017  at 11.30 AM.  A copy of reply of the respondent dated 01.02.2017 was also handed over to the complainant so as to enable him to come prepared on the next date of hearing.

9.       In compliance with the direction during the ROP of 27.04.2017, the complainant  submitted a letter dated 03.05.2016 of Dy. Director of DES addressed to DD (CCU) that Sh. Hemant Kumar has been working in the capacity of Statistical Asst. in DES for a very long period and was well accustomed with the concepts and work relating to registration of births and deaths. Therefore he may be retained in that Directorate till the joining of fresh Statistical Asst. The complainant added that many other persons with more than five years of service were not transferred and DOP&T’s instructions on exemption from rotational transfer of persons with disabilities were not brought on file. He also pointed out that in his service record,  his residential address was  GTB Nagar and Jahagir puri was only for correspondence address in the beginning  of  his service as he was staying there.

10.     The representative of the respondent on the other hand reiterated the written submissions and added that there was no intention to harass him and in fact all his   requests were considered positively. While getting the transfer proposal processed in the file, the relevant order of DOP & T and other applicable orders are usually mentioned.

11.     Upon perusal of the record in the case file and the submissions of the parties, it is observed that the complainant is anguished by the fact that while some other Statistical Assistants who have been working in their respective places for longer than him were retained, he was transferred despite  DOP&T’s instructions providing for exempting persons with disabilities from rotational transfer policy. He expected the concerned authorities to have been more proactive in taking the initiative to retain him in DES in the first place.

12.     Paragraph H of  the DOP&T’s OM dated 31.03.2014 reads as:

“(a)    As far as possible, the persons with disabilities may be exempted from the rotational transfer policy/transfer and be allowed to continue in the same job, where they would have achieved the desired performance. Further, preference in the place of posting at the time of transfer/promotion may be given to the persons with disabilities subject to the administrative constraints.
(b)     The practice of considering choice of place of posting in case of persons with disabilities may be continued. To the extent feasible, they may be retained in the same job, where their services could be optimally utilized.
(c)      Every Ministry/Department in consultation with the office of the Chief Commissioner for Persons with Disabilities would arrange for training of the Liaison Officer on “Disabilities Equality and Etiquettes”.
(d)     All the Ministry/Departments are requested to bring the above instructions to the notice of all appointing authorities under their control, for information and compliance. The Department of Public Enterprises may ensure to give effect the above guidelines in the all the Central Public Sector Enterprises”. 

13.     In light of the provision of the guidelines, even while accepting the contention of the respondent that the said transfers were not done deliberately with the intension to harass the complainant on the ground of his disability, there was ample scope and occasion for a more favourable and positive decision by considering his posting to an office of his choice in accordance with the policy of the Government. That would have avoided a less than friendly dispensation to the complainant. The respondent may therefore consider if the complainant can be posted  to DES, in the spirit of the guidelines issued by DOP & T vide OM dated 31.03.2014 particularly Para No “H” of the said OM. 

14.     Action taken in the matter may be intimated within three months from the date of receipt this order in accordance with Section 81 of the Rights of Persons with Disabilities Act, 2016.  

       The matter is disposed of accordingly

      Given under my hand and the seal of the Court this  05^th day of  June, 2017.          

                                                                                      (T.D. Dhariyal )

                                                  Commissioner for Persons with Disabilities

Govind Ram Vs. MS, GB Pant Institute of Medical Education & Research | Case No. 4/795/2014-Wel./CD/ 661-62 | Dated: 06.06.2017

Case Summary:

Misc.  - Permitting sale of errands on PCO booth run by Disabled in light of PCOs becoming obsolete.  Complainant harassed by the hospital authorities for selling eatables from the premises of the PCO booth; matter was adjourned sine die by earlier Commissioner as a suit was also filed before Civil Judge in district court.  

Directions - Complainant should not be harassed on the ground of disability. Also the Hon’ble Supreme Court of India in Maharashtra Ekta Hawkers Union & anr V/s Municipal Corporation & Ors greater Mumbai in Civil appeal no. 4156-4157 of 2002 has already passed judgement saying Persons with disabilities who were allowed to operate PCOs shall be allowed to continue to run their stall and sell other goods because running of PCOs is no longer viable.

Rules/Acts/Orders: 

1. Judgement (2009) 17 SCC 231 

2. Hon’ble Supreme Court of India Judgement in Maharashtra Ekta Hawkers Union & Anr V/s Municipal Corporation & Ors Greater Mumbai in Civil appeal no. 4156-4157 of 2002; 

Order / Judgement: 

In the Court of State Commissioner for Persons with Disabilities

National Capital Territory of Delhi

25- D, Mata Sundari Road, Near Guru Nanak Eye Centre, New Delhi-2

Phone-011-23216002-04, Telefax: 011-23216005, Email: comdis.delhi@nic.in

[Vested with powers of Civil Court under the Rights of

Persons with Disabilities Act, 2016]

Case No. 4/795/2014-Wel./CD/ 661-62                                 Dated: 06.06.2017

In the matter of:

Sh. Govind Ram

Viklang Stall Gate No. 7

OPD Block, Pt. Govind Ballabh Pant Hospital

New Delhi – 110001                                                     ………….Complainant

                                  Versus

The  Medical Superintendent

G.B. Pant Institute of

Postgraduate Medical Education & Research (GIPMER)

1, J.L. Nehru Marg,

New Delhi – 110001.                                                     …….……..Respondent

ORDER

            A Complaint dated 1.10.2014 of the above name complaint, addressed to the Hon’ble Prime Minister a person with more than 40% locomotor  disabilities was received from the office of Chief Commissioner for Persons with Disabilities vide letter dated 1.11.2014. In the said complaint,  it is stated that the complainant and  Sh. Lal Singh were running a PCO booth for the last 20 years at G.B.Pant Hospital. The PCOs were locked and sealed by the Hospital. These locks  were opened on the direction of Civil Judge Central, Tis  Hazari Court vide order dated 30.08.2016. The complainant inter-alia alleged harassment  by Dr. S.P. Jayant,  Medical Superintendent of the Hospital and Sh. Ram Iqbal chowkidar. The complainant also alleged that they have been indulging in various corrupt activities and requested to take action against them and  relief  for himself. 

2.         The complaint was taken up with the respondent who submitted his reply and denied any harassment  to the complainant. The respondent also submitted that the PCO was sealed as the complainant started using the site for selling eatable goods in the PCO. Further,  a Civil Suit filed by the complainant is pending adjudication in the court of Sh. Anubhav Jain, Civil Judge who had directed to remove the locks and de-seal the PCO which was compiled with. Therefore the proceedings before the Commissioner for persons with disabilities should be dropped.

3.         After hearing the parties and submission of the copy of the order dated 30.08.2014 of Tis Hazari Court in Suit no. - 690/14 and other relating documents,  the then Commissioner for persons with disabilities adjourned the case sine-die on 30.11.2015.

4.         On perusal of the record in the case file, it is observed that the complainant has not submitted any rejoinder/comments on the reply of respondent  though he was advised to do so vide letter dated 01.05.2015.  The complainant has not approached this office thereafter. It is also observed that the matter in the Tis Hazaari Court was listed for cross examination on 18.05.2015.

5.         In the light of the fact that the matter is already before the Hon’ble Civil Judge, Tis Hazari Court,  the complaint in this court is closed. The respondent shall ensure that the complainant is not harassed by the hospital authorities on ground of his disability. With regard to the issue of selling eatables from the premises of the PCO booth,  the attention of the parties is drawn to the following observation of Hon’ble Supreme Court of India in Maharashtra Ekta Hawkers Union & anr V/s Municipal Corporation & Ors greater Mumbai in Civil appeal no. 4156-4157 of 2002;

            “Physically challenged who were allowed to operate PCO’s in terms of judgement reported in (2009) 17 SCC 231 shall be allowed to continue to run their stall and sell other goods because running of PCO’s is no longer viable. Those who were allowed to run Aarey/Sarita shall be allowed to continue to operate their stalls”.

6.         This observation has also been quoted in the order dated 30.08.2014 passed by Civil Judge, Central, Tis Hazari Court.

The matter is disposed of accordingly

          Given under my hand and the seal of the court this 05th day of June,  2017.

         

(T.D.Dhariyal)                         

 State Commissioner for Persons with Disabilities

Suo Motu Vs. Dte of Education | Case No. 4/1424/2016-Wel/CD/ 635-644 | Dated: 05.06.2017

Case Summary:

Accessibility in Schools : Court took suo-motu cognizance of a complaint submitted by email highlighting accessibility issues in government schools of Delhi-NCT, and asked respondents to submit comments and status of accessibility in schools. The respondents submitted their assessments, but the Court rules that the information made available to it was not adequate to assess the status of barrier free access.

Recommendations: Court advised that accessibility audits should be done as per prescribed guidelines under SSA or IEDSS and submitted to the Court as well as all relevant authorities for monitoring of action plans. Court also advised that the Directorate of Education may prepare a concise handbook detailing these standards, for the reference of the schools. The audits should be done by teams of trained experts comprising of wheelchair user, person with visual/hearing impairment and an Architect or Civil Engineer, and necessary modifications are to be done as per this audit. Secretary, PWD to issue necessary directions to concerned engineers/architects on the matter. All schools including private schools are to undergo accessibility modifications as per the Right of Persons with Disabilities Act 2016.

Rules/Acts/Orders:  Rights of Persons with Disabilities Act, 2016

Order / Judgement: 

In the Court of State Commissioner for Persons with Disabilities

National Capital Territory of Delhi

25- D, Mata Sundari Road, Near Guru Nanak Eye Centre, New Delhi-2

Phone-011-23216002-04, Telefax: 011-23216005, Email: comdis.delhi@nic.in

[Vested with powers of Civil Court under the

Rights of Persons with Disabilities Act, 2016]

Case No. 4/1424/2016-Wel/CD/ 635-644                                    Dated: 05.06.2017

In the matter of:

Suo-Motu                                                                                          .……… Complainant      

                                              Versus

The Director,

Directorate of Education,

Old Secretariat,

New Delhi-110054.                                                              …...…Respondent No.1

The Commissioner,               

North Delhi Municipal Corporation,

4^th Floor, Dr. S.P.M. Civic Centre,

J.L.N. Marg, New Delhi-110002.                                            ...........Respondent No.2

           

The Commissioner,               

East Delhi Municipal Corporation,

419, Udyog Sadan, Patparganj         

Industrial Area, Delhi-110096.                                                ........Respondent No.3.

The Commissioner,

South Delhi Municipal Corpn.,

9^th Floor, Dr. SPM Civic Centre,

J.L.N. Marg, New Delhi-110002.                                             .......Respondent No.4

The Chairperson,

New Delhi Municipal Council,

Palika Kendra, Parliament Street,

New Delhi-110001.                                                                  ........Respondent No.5

Case No. 4/1067/2015-Wel/CD   

In the matter of :

Sh. Diwakar Pathak                                                             ........ Complainant

128, D-Block,

Sector-18, Rohini, Delhi-110089

                                                                       

                                                Versus

The Director,

Directorate of Education,

Old Secretariat,

New Delhi-110054.                                                             …...…Respondent

Date of hearing:            22.05.2017

Present                      Sh. A.K. Goel, Dy.Director, Sh. V.P. Singh, OSD(L&E) and Dr. Mukesh Chand, DEO/OSD(IEDSS) on behalf of Respondent No.1.

            

ORDER

 1                  Sh. Brajesh Kumar vide an email dated 26.09.2016 highlighted certain issues relating to barrier free access for persons with disabilities in the Govt. schools of NCT of Delhi without mentioning his address.   He also drew the attention of the Commissioner for Persons with Disabilities to  case No. 4/1065/2015-Wel/CD filed by Sh. Diwakar Pathak regarding issues concerning persons with disabilities in Govt. Boys Sr. Secondary School, Badli. 

2.               Taking Suo-Motu cognizance of the said email, the matter was taken up with the Commissioners of North Delhi Municipal Corporation, South Delhi Municipal Corporation, East Delhi Municipal Corporation, New Delhi Municipal Council and Directorate of Education vide communication dated 07.10.2016.  The respondents were advised to submit their comments and the status with regard to disabled friendly environment in the schools under their control. 

3.               New Delhi Municipal Council vide letter dated 14.12.2016 submitted a detailed chart indicating the status of various facilities in its 50 schools which indicates that not all the facilities as prescribed are available in all the schools. 

4.               South Delhi Municipal Corporation vide letter dated 15.12.2016 intimated that out of  21 of its 581 schools have ramps and western commode seats for children with special needs toilets and schools, 21 were under construction.  They also informed that the Special Assessment Camps are being organised every year, Special Educators are available to attend the children with special needs and  provision of  equipment and materials are ensured.  In the year 2016-17, para sports were introduced for children with special needs and competitions were organised at zonal level.

5.               The East Delhi Municipal Corporation also informed vide letter 01.12.2016   that in most of its schools ramps and other facilities are being provided.

6.               As the information from Directorate of Education had not  been received, a hearing was scheduled on 25.04.2017 and another hearing was held on 22.05.2017.

7.               On 22.05.2017, the representatives of the respondent submitted a written statement dated 19.05.2017 of Special Director (Education), as per which Govt. of NCT of Delhi is currently running 1029 Govt. Schools functioning from 729 buildings (in morning and evening shifts).  48 buildings do not have ramps and 39 are lacking in disabled friendly toilets. The Public Works Department has already provided the list of those schools for construction of ramps and toilets in the said schools.  All the Head of Schools have also been directed to ensure the provisions of accessibility facilities like hand rails, grab bars sitting arrangements, lighting etc.

8.               In the email dated 26.09.2016, it was also pointed out that some of the issues raised by Sh. Diwakar Pathak in case No. 4/1067/2015-Wel-CD remained unresolved.  In that complaint Sh. Diwakar Pathak had brought out various issues inter-alia concerning the physical accessibility of the Govt. Boys Senior Secondary School (GBSSS) Badli.  On 19.07.2016, Shri Diwakar Pathak submitted a written statement to the effect that the facilities of modified toilets, etc. ramps had been provided to persons with disabilities in the school and he was thankful for the facilities and sensitivity to persons with disabilities.  Vice-Principal of the school also submitted the action taken report on providing access for students of different classes and Special Educators.  An inspection of the Govt. Boys Senior Secondary School, Badli was carried out on 04.05.2017 through the Welfare Officers of the Office of the State Commissioner for Persons with Disabilities. As per their report some of the facilities  like..... are not according to the prescribed standards. 

9.               The information that has been made available at this stage is not adequate to assess the status of barrier free access to the physical environment in the Govt. schools of the national capital.  For a better appreciation,  accessibility audit of atleast a sample school across the national capital territory under the control of the Government and the local authorities should be done The access audits should be done with reference to the prescribed guidelines under Sarva Shiksha Abhiyan (SSA) / Inclusive Education for the Disabled at Secondary Stage (IEDSS). The standards for various components such as ramps, hand rails, doors, door handles, water taps, toilets, sitting and lighting arrangements, placement of the black board, position of electric panels, access to library, laboratory, assembly place / auditorium etc. prescribed by Ministry of Urban Development, Govt. of India in their publication of February, 2016 entitled ‘Harmonised Guidelines for Space Standards for Barrier Free Built Environment for Persons with Disability and Elderly Persons’.

10.             Ministry of Human Resource Development have uploaded the guidelines for barrier free access to children with special needs to physical environment as well as to curriculum, teaching learning, process under SSA.  Those guidelines also contain disability category specific guidelines.  The general guidelines with regard to access to  physical environment for example, are as under:-

      ·         The path from the gate to the school buildings and playground must be clear levelled.·         All entrances and doorways in the school buildings should be between minimum 4’ to 5’ feet wide.·         The toilet inside the school should be accessible to CWSN. The toilet should be fitted with commode and grab-rails.·         The drinking water outlet should be accessible to CWSN also avoid sharp turns in the walkways. ·         The walkway must be clear of any hung and protruding obstructions such aswindows, lights, low branches, flower pots and sign posts etc.·         A handrail should be provided at any dangerous point in the walkway.  Guardrails and kerbs are a must in situations where there is a sudden change in the level of height including stairs and verandah.   ·         The ends of the handrails should be bent downwards to avoid injury.·         Steps should be of equal and even heights.·         Bright colours (preferably yellow) should be used at every change in slope, at the beginning and ending of a staircase for easy recognition.·         All signages should be in print, visuals and Braille at the readable height (min 3 ft) of the children. ·         All the surfaces should be non-slip, and loose gravel or cobbles should be avoided.·         Natural lighting should be optimized.  There should be enough windows to allow adequate ventilation and lighting. ·         Safety of all children should be ensured by provision of hazard free environment (broken window panes, broken steps, broken fixture and furniture, unsafe ceilings, etc).·         The school/ classroom design should allow the teacher to be able to pay personal attention to the child, including effective positioning and placement, keeping in mind the individual needs of CWSN.

11.             The above guidelines can be accessed from the link ssa/nic.in/inclusive-education/guidelines/bfa%20guidelines. Pdf/act..../file.

12.             It appears that the above guidelines were framed much before the guidelines of February 2016 published by the Ministry of Urban Development. Therefore, it is recommended that the Directorate of Education may prepare a concise Hand Book of barrier free access guidelines containing the essential components for barrier free access to children with special needs indicating their measurements where required, in accordance with the standards prescribed by  Ministry of Urban Development.  The Hand Book should  be available in  every school and its library so that any construction or retro-fitting that is  undertaken by any agency within the school premises complies with the prescribed guidelines and standards under the close supervision of the concerned Principal/HOS who should also be made accountable alongwith the construction agency. Compliance with the guidelines and standards should be part of construction process and be linked to certificate of completion of the work and payment thereof.

13.             In the light of the position brought out above, the following recommendations are made:-

(i)               Directorate of Education, GNCT of Delhi should  develop a Hand Book of barrier free access for children with special needs to schools detailed in Para 12 above and make it available to all its HOS and the libraries.  A ready to print soft copy of the Hand Book may be provided to all the private schools under Directorate of Education, GNCTD and Commissioners of the three Municipal Corporations in Delhi, New Delhi Municipal Council and C.E.O of Delhi Cantonment Board for printing and use in their respective schools.
(ii)              Directorate of Education and all the other authorities, private schools mentioned in sub-para (i), should conduct accessibility audit of some of their schools in each zone as sample including the GBSSS, Badli through the Accessibility Audit Teams comprising of trained experts, preferably a wheel chair user, a person with visual /hearing impairment, an architect or civil engineer within three months from the date of receipt of this order.
(iii)             Based on an objective analysis of the access audit reports, get the necessary modifications and retro-fittings done  in the audited schools which can serve as model barrier free school for replication or even training.
(iv)             Modify rest of the schools including the school that fall under the definition of a school in terms of Section 2(n) of the Right of Children to Free and Compulsory Education Act, 2009 under each authority in the GNCTD including private schools as per an action plan for each school agreed to by the concerned authority. Section 16(ii) and (iii) of the Rights of Persons with Disabilities Act, 2016 which has come into force w.e.f. 19.04.2017 also mandates that all educational institutions funded and recognised by the appropriate government and local authorities shall make buildings, campus and various facilities accessible and provide reasonable accommodation according to the individuals requirements.
(v)              The soft copies of the access audit reports referred to the sub-para (ii) above and the action plan for modification of the schools under Directorate of Education, GNCTD, South Delhi Municipal Corporation, North Delhi Municipal Corporation,  East Delhi Municipal Corporation, New Delhi Municipal Council and Delhi Cantonment Board be submitted to this Court as soon as these  are ready so that the implementation of the action plans can be monitored.

14.             As the representatives of the respondent informed during the hearing on 22.05.2017 that the construction work of new schools, renovation / retro-fittings  etc. are carried  out through the Public Works Department, GNCT of Delhi, DTTDC and Irrigation and Flood Control Department etc.  Copy of this order is being forwarded to the Secretary, PWD, Chairman, DTTDC and Chief Engineer, Irrigation and Flood Control Deptt.

 15.            Secretary, PWD is requested to issue necessary directions to concerned authorities for deputing the concerned engineers /architects for the purpose of carrying out the accessibility audit of the schools.

                   The matter is disposed of accordingly.

                  Given under my hand and the seal of the Court this 05th day of June, 2017.     

           (T.D. Dhariyal )

State Commissioner for Persons with Disabilities