JNU to Provide Free Hostel Accomodation to Visually Challenged MA Students: Delhi HC Orders

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New Delhi: The Delhi High Court recently passed on an order to Jawaharlal Nehru University (JNU) after it evicted visually challenged MA student Sanjeev Kumar Mishra (49) from its hostel. JNU had evicted Mishra from the campus hostel accomodation based on its Hostel Manual.

The JNU Hostel Manual did not entitle students who were pursuing second degrees to avail of hostel facilities. Since Mishra was enrolled in his second MA course, JNU argued that the college was well within its rights to evict the student. Another reason for the eviction, according to JNU, was the fact that the petitioner’s residential address was 21km away from JNU campus.

Delhi HC Justice C Hari Shankar, however, shut down JNU’s argument and pointed out that JNU could not draw a line between students pursuing additional degrees and “fresh students” pursuing the same degree level for the first time, as both were still students regardless of previous educational status.

“The needs of one cannot be sacrificed at the altar of the needs of the other. The concept of ‘evergreening of tenancy’ is a mythical and nebulous concept, which has no constitutional backing whatsoever,” Justice Shankar remarked on the same argument.

In the order, Justice Shankar that JNU must provide free accommodation for Mishra, alongside other entitlements available for differently-abled students under the law. The order must be followed within a week’s time.

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“Persons who suffer from disabilities, as recognized by the RPwD Act, are no different from you or me…”, said Justice C Hari Shankar in his order. “The RPwD Act and all laws which strive to provide support to a person suffering from a disability, merely seek to neutralize the disability, so that the person’s ability matches those of the rest of his peers, and they stand on an equal footing. This is the heart of the theory of equal opportunity, which pervades Article 14 and, indeed, the Constitution as a whole.”

Diversity and inclusion are becoming more and more pertinent to how institutions are run, and this new order ensures that the rights of differently-abled students are protected and their needs fulfilled.

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