SAMBHAVANA versus UNIVERSITY OF DELHI

Citation: [2013] 6 S.C.R. 271 · Decided: 29-05-2013 · Supreme Court of India · Bench: B.S. CHAUHAN · Disposal: Disposed off

Judgment (excerpt)

[2013) 6 S.C.R. 271 
SAMBHAVANA 
v. 
UNIVERSITY OF DELHI 
{Civil Appeal Nos.4722-4723 of 2013) 
MAY 29, 2013 
[DR. B.S. CHAUHAN AND DIPAK MISRA, JJ.) 
A 
B 
Education - For visually impaired students - At the 
University level -Special needs of such students -
Requirement of sensitivity - Held: Grievances raised by C 
appellant-organisation relating to visually impaired students 
require more focus and sensitive approach - Legislative 
intendment relating to comprehensive education scheme is 
crystal clear - s.30(f) of the 1995 Act lays down suitable 
modification in the examination system and sub-section(g) 
D 
requires restructuring of curriculum for benefit of children with 
disabilities - Said mandate of the statute to be given due 
weightage - A visually impaired student is entitled to receive 
special treatment - Respondent-University to live the role of 
Loco Parentis and show its concern and mitigate the 
E 
grievances of visually impaired students as far as possible -
Appellant-organisation permitted to submit representation 
indicating its grievances and views to Empowered Committee 
of the University within 3 days which shall then be dealt with 
by the Committee within a week - Persons with Disabilities 
F 
(Equal Opportunities, Protection of Rights and Full 
Participation) Act, 1995 - ss. 30 and 31 - United Nations 
Convention on the Rights of Persons with Disabilities - Art. 
24 - Constitution of India, 1950 - Arts. 21 and 41. 
The appellant-organisation invoked the jurisdiction of G 
the High Court for issue of a writ in the nature of 
mandamus directing the respondent-University to make 
provisions to introduce a bridge course for students with 
vision impairment in the first year of four years under-
271 
H 
272 
SUPREME COURT REPORTS 
[2013] 6 S.C.R. 
A graduate programme so that they can easily pursue the 
foundation course and become part of mainstream 
education system; issue a direction to the respondent to 
introduce a foundation course in the second year of the 
four years under-graduate programme; command the 
B respondent to provide accessible reading materials and 
to make provisions for training of the teachers who will 
teach the students in "Mathematics" and "Science and 
Life" in the four years under-graduate programme and 
further to issue a writ or direction to the respondent to 
c provide representation to the persons with disabilities or 
organizations working for the cause of disability as the 
members of the Task Force, Academic Council, Executive 
Council or any other body of the Delhi University so that 
needs of the persons with disabilities can also be taken 
0 
into consideration while introducing a new four year 
under-graduate programme with multiple degree and 
framing appropriate syllabus for the said programme. 
Res'pondent-University produced a notification 
dated 14-5-2013 which indicated that an Empowered 
E Committee had been constituted consisting of fourteen 
academicians to look into the special needs of the 
students with disabilities and suggestions for suitable 
modifications would be made in curricula, mode of 
instructions and assessment to the Vice Chancellor of 
F the University. 
The High Court directed the Empowered Committee 
to hear the suggestions made by the appellant-
organisation and submit a report to the Vice Chancellor 
G so that the Vice Chancellor could take a decision in 
respect of this report. The action taken on that basis was 
directed to be made available to the Court by way of a 
report by the University on the next adjourned date. 
While the High Court was still in seisin of the matter, 
H the appellant-organisation approached· this Court. 
SAMBHAVANA v. UNIVERSITY OF DELHI 
273 
Disposing of the appeals, the Court 
HELD:1. Though the University had constituted an 
Empowered Committee and it has experts, yet the 
grievances raised by the appellant-organisation relating 
A 
to visually Impaired students require more focus and 
6 
sensitive approach. [Para 9] [281-A-B] 
2. On a careful reading of Section 30 of the Persons 
with Disabilities (Equal Opportunities, Protection of 
Rights and Full Participation) Act, 1995, the legislative 
intendment relating to comprehensive education scheme 
C 
is crystal clear. Section 30(f) lays down suitable 
modification in the examination system and sub-
section(g) requires restructuring of curriculum for the 
benefit of children with disabilities. The said mandate of 
the statute has to be given due wei

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