Qumber Hasan v. Jamia Millia Islamia and Ors.

Delhi High Court · 04 Apr 2013 · 2013:DHC:7089
G. S. Sistani
W.P.(C) 4770/2012
2013:DHC:7089
constitutional petition_dismissed

AI Summary

The Delhi High Court disposed of the writ petition as infructuous after the university undertook to implement the statutory 3% disability reservation with specified 1% quotas from academic year 2013-2014.

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HIGH COURT OF DELHI w.P.(c) 477O|2OL2 QUMBER HASAN .... Petitioner
Through : Mr.Vishal Raj Sehijpal, Adv. VCTSUS
JAMIA MILLIA ISLAMIA AND ORS ..... Respondents
Through : Mr.Rohit Gandhi and Mr.Varun Garg, Advs.
CORAM:
HON'BLE MR. JUSTTCE G.S.S|STANT
04.04.20r_3 Present writ petition has been filed by the petitioner under Article
226 of the Constitution of India seeking a writ, order direction in the nature of mandamus thereby directing the respondent university to re-display the result of B.Tech Entrance Examination 2Ol2 clearly depicting the disability-wise result.
Learned counsel for the petitioner submits that the present writ petition has become infructuous and more so in view of the stand taken by the respondents in the counter affidavit filed, more particularly in para 2, which reads as under. o/o
1.
2.
'} "2. That in view of the Disabilities (Equal Opportuni
Participation) Act, 1995 and High Court in the case of provisions of The Persons with ties, protection of Rights and Full the directions of the Hon'ble Delhi
State Council of Educational Research and trainina vs. Ravi Dwivedi reported as AIR
2OO8 Delhi 97, the Jamia Milia lslamia under undertakes to reserve three percent of seats in all courses for physically challenged persons of which one percent shall be reserved for persons suffering from (i) blindness or low vision; (ii) hearing impairment; (iii) locomotor disability or cerebral palsy, in the seats identified for each disabilitv. lt is submitted that the said
2013:DHC:7089 3. compartmentalization of disability quota will take effect from the academic year 201-3-201-4 onwards."
Counsel for the petitioner, however, points out that despite the above stand taken by the respondents in the counter aftidavit filed, for the academic session 201-3-201-4 the University has failed to reserve 3o/o of seats in all courses for physically challenged person of which 1% seat each was to be reserved for persons suffering from
ORDER

(1) blindness or low vision; (ii[1] hearing impairment; (iii) locomotor disability or cerebral palsy, in the seats identified for each disability. As prayed in view of the stand taken by the University, the writ petition is disposed of in terms of para 2 of the counter affidavit. Respondents shall comply with para 2 of the counter affidavit. 4, 'i{, APRII_ 04, 20L3'" msr12w.P.(c) 417O/2O1"2 E-s-34' / G.s.srsrANr, I -,b'