SAMBHAVANAversusUNIVERSITY OF DELHI

                   [2013) 6 S.C.R. 271

                      SAMBHAVANA                              A
                             v.
                  UNIVERSITY OF DELHI
          {Civil Appeal Nos.4722-4723 of 2013)
                       MAY 29, 2013
                                                              B
     [DR. B.S. CHAUHAN AND DIPAK MISRA, JJ.)

     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                       A

    HELD:1. Though the University had constituted an
Empowered Committee and it has experts, yet the
grievances raised by the appellant-organisation relating
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 weightage. Section 31 of      D
the Act exposits the real concern of the legislature which
is in tune with the international conventions. The
Parliament has cast certain obligations under the State
and Central Governments in this regard. It is requisite of
them to develop special devices and aids so that a child      E
with disability gets equal opportunity and comes to the
main stream. A teacher imparting education to such
visually impaired children should be absolutely
competent and he must have the adequate training.
Transport facilities, supply of books and uniforms and        F
grant of scholarships are in a different sphere altogether.
India has shown its concern by ratifying the United
Nations Convention on the Rights of Persons with
Disabilities, which has become operative from May, 2008.
Article 24 of the said Convention deals with education of     G
persons with disabilities. It gives emphasis on
development of human potential, .sense of dignity, self-
worth and strengthening of respect for human rights and
creativity. [Paras 10, 11] [282-C-G; 283-E]

    3. When the University has thought of imparting           H
    274      SUPREME COURT REPORTS              [2013] 6 S.C.R.


A education i'n a different way, it has to bear in mind the
  need of sensitivity and                 expected societal
  responsiveness. A visually impaired student is entitled to
  receive special treatment. Under the constitutional frame
  the State has to have policies for such categories of
B people. Article 41 of the Constitution of India casts a duty
  on the State to make effective provisions for securing,
  inter alia, the rights of the disabled and those suffering
  from other infirmities within the limits of economic
  capacity and development. It is imperative that the
c authoritie$ look into the real grievances of the visually
  impaired people as that is the constitutional and statutory
  policy. Th41! University has to live the role of Loco Parentis
  and show its concern to redress the grievances in proper
  perspective. [Para 12] [283-E-G]
D       4. The necessity of the visually impaired students
    should have primacy in the mind of the Empowered
    Committee of the University. Education for visually
    impaired students is a great hope for them and such a
    hope is the brightest bliss in their lives. History has
E   recorded with pride that some men with visual impairment
    have shown high intellectual prowess. The anguish and
    despondency in the life of Milton, the famous English
    poet, did not deter him to carry out the mission of his life.
    Lack of vision could not destroy his Will power. Needless
F   to say that he had the support of the society. The ancient
    sage "Ashtavakra" while laying down the traffic rules had
    categorically stated that the blind man has the first right
    on the rei>ad. Thus, emphasis has always been laid on the
    visually impaired persons for many a reason. However,
G   when this Court says so, it may not be understood to
    have said that otherwise impaired or disabled people are
    to be treated differently in the constitutional and statutory
    scheme. This Court has only laid emphasis on the
    visually impaired students for the purpose of present
H   case. It is the need of the present time that the University
      SAMBHAVANA v. UNIVERSITY OF DELHI                    275


shall look into the matter and mitigate the grievances of         A
the visually impaired students as far as possible. The
problem has remained unsolved. The same is required to
be addressed to in an apposite manner. This is not to say
that it has not at all been addressed but there has to be
more focus, more empathy and more sensitivity.                    B
Therefore, the appellant-organisation is permitted to
submit a representation indicating its grievances and the
views to the said Committee within three days which
shall be dealt with by the Committee within a week hence.
[Para 12] [283-H; 284-A-F] .
                                                                  c
    CIVIL APPELLATE JURISDICTION : Civil Appeal No.
4722-4723 of 2013.

    From the Judgment & Order dated 15.05.2013 of the High
Court of Delhi at New Delhi in W.P.(C) No. 2982 of 2013 and       D
CM No. 5636 of 2013.

    Pankaj Sinha, Anuj Castelino, Jyoti Mendiratta for the
Appellant.

    Pinky Anand, Mohinder Jit Singh, Prabal Bagchi for the        E
Respondent.

    The Judgment of the Court was delivered by

    DIPAK MISRA, J. 1. Leave granted.
                                                                  F
     2. The appellant-organisation invoked the jurisdiction of
the High Cour;t of Delhi in WP(C) No. 2982 of 2013 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   G
under 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
                  in
foundation course the second year of the four years for under
graduate programme; command the respondent to provide             H
    276       SUPREME COURT REPORTS                  [2013] 6 S.C.R.


A 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 provide representation to the persons with
8 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
  into consideration while introducing a new four year under
C graduate programme with multiple degree and framing
  appropril:lte syllabus for the said programme.

         3. Before the High Court, the respondent-University
    entered appearance and produced a notification dated 14th
    May, 2013 which indicated that an Empowered Committee had
D   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 the University. It was submitted that the
E   Empowered Committee has been asked to submit a11 interim
    report an (a) measures that need to be taken to modify the
    curricula keeping in mind the special needs of persons with
    disability; (b) steps to be taken to improve availability of reading
    materials; and (c) to examine the measures currently in place
F   in the irnternal assessment scheme and examination pattern
    and further changes that could be made in that regard. It was
    suggested before the High Court that the appellant-organisation
    could also make suggestions to the said Empowered
    Commiltee so that the same would be taken note of before the
G   report is submitted to the Vice Chancellor.
        4. An apprehension was expressed by the appellant-
    organisation that in the event the admission process
    commenced, some students with disabilities may face difficulty
    in admission and, therefore, the period stipulated for the
H
       SAMBHAVANA v. UNIVERSITY OF DELHI                       277
               [DIPAK MISRA, J.]

Empowered Committee to submit the report by 15th June, 2013           A
should be pre-paned so that the recommendations could be
implemented by the Vice Chancellor before the admission
process is completed. The High Court, considering the
submissions raised at the Bar, directed as follows: -
                                                                      B
     "We direct the Empowered Committee constituted as per
     the notification dated 14th May 2013 to hear the
     suggestions made by the petitioner and submit a report
     to the Vice Chancellor by 7th June 2013 so that the Vice
     Chancellor could take a decision in respect of this report       C
     by 15th June 2013. The action taken on the basis of the
     order of this Court shall be made available to the Court
     by way of a report by the University on the next adjourned
     date. List on 03.07.2013."

     5. Though the matter has been adjourned by the High              D
Court and it is in seisin of the matter, yet the appellant-
organisation has approached this Court. Regard being had to
the sensitive nature of the issue and the attention it deserves,
this Court required the learned counsel for the appellant-
organisation to serve a copy of the petition on the counsel for       E
the learned counsel for the Delhi University and, accordingly,
the respondent has entered appearance and filed the response.

     6. Though prayer has been made to restrain the
respondent-University from introducing the four year under
                                                                      F
graduate programme with multiple degrees which is the final
outcome of the case, we are not inclined to pass any order of
stay. However, we will proceed to deal with the matter keeping
in view the submissions advanced by Mr. Pankah Kumar
Sinha, learned senior counsel for the appellant and Ms. Pinki
Anand, learned senior counsel for the University.                     G

      7. Before we advert to the submissions raised at the Bar,
it is necessary to advert to the affidavit filed by the University.
It is averred in the affidavit that the Empowered Committee
consists of experts and some visually impaired experts from           H
    278         SUPREME COURT REPORTS               [2013] 6 S.C.R.


A All India Confederation of the Blinds and Eye Way are special
  invitees to atrtend the meetings. The primary objective of
  including those individuals was to obtain their perspective on
  visual impairment with regard to the new under graduate
  programme on the basis of their expertise and experiences.
B The representation preferred by the appellant-organisation on
  22nd May, 2013 has been referred to. The facilities that have
  been provided to the physically disabled students have been
  enumerated. The said aspects need not be stated in detail as
  that is not in the realm of controversy. However, as far as the
c students with vision impairment are concerned, it is contended
  that the University has provided a Braille Library and funds have
  been earmarked for each college to obtain the necessary
  technologies to facilitate screen reading for visually impaired
  students; that the representation submitted by the appellant-
D organisation has been considered by the Empowered
  Committee and taking note of the special needs of the students
  of the said category a report has been prepared by the
  Empowered Committee; and that the same shall be placed
  before the Academic Council. The report of the Empowered
  Committee has been brought on record. The suggestions of the
E appellant-organisation have been referred to in the report. It is
  stated in the report that each of the suggestions has been
  carefully an<ll objectively examined and recommendations have
  been made. The relevant part of the recommendations are
  reproduced hereinbelow: -
F
         "Recommendations:

          On the basis of the deliberations of the committee the
          following recommendations are made:

G         1. Cur:riculum:
           A.    No modification in curricula prescribed for the
                 Courses under reference is called-for except, if and
                 wherever applicable, substituting visual content with
H                alternative content. It is further stated that both
  SAMBHAVANA v. UNIVERSITY OF DELHI                       279
          [DIPAK MISRA, J.)
       'Building Mathematical Ability' and 'Science in Life'      A
       have equal importance for student with disabilities
       and non-disabled in day to day life.

 B.    Students studying these papers should be provided
       all requisite support and facilities to enable them to
                                                                  B
       study these Courses efficiently and conveniently.
       The Faculties of mathematics and Science should
       be requested to provide a copy each of the
       essential diagrams, figures and charts and the
       same should be converted in accessible format by
       the EOC throughout sourcing.
                                                                  c
 C.    However, in case there are some students with
       disabilities who do not find it at all possible to study
       these papers despite support from the University,
       will have the choice to study two alternative papers       D
       Viz. History of Science and Communication and
       Personality Development. The Hon'ble Vice
       Chancellor may kindly get the syllabi of these
       Courses prepared.
                                                                  E
 D.    Tutorials/remedial teaching sessions should be
       conducted in these two Courses to address
       individual student-difficulties and fill in the gaps on
       a regular basis throughout the two semesters.

2. Mode of Instructions:                                          F

It is recommended that in the case of the visually impaired,
the Course entitled "Science And Life" should be taught
in the 1st semester and the Course entitled "Building
Mathematical Ability" in the 2nd semester such an                 G
arrangement is possible within the existing structure of the
foundation course under FYUP programme. It is further
recommended that an orientation programme should be
organized preferably in the 1st half of July, 2013 or during
the early ~art of the 1st semester for college teachers
                                                                  H
    280        SUPREME COURT REPORTS               [2013] 6 S.C.R.


A         teaching maths and science with a view to familiarizing
          them with the pedagogy of teaching these papers to
          students with visual impairments and other disabilities. The
          programme will be of a duration of 10 days and will be
          organized by the Faculty of maths and science in
B         collaboration with EOC. The teaching in this orientation
          programme will be done by the eminent experts in the field
          of teaching students with disabilities. The teachers should
          be requested to describe verbally the black board work for
          the benefit of students with disabilities. Special devices
          should be made available to. various colleges by the
c         University. The list is given as (annexure E).

          3.    Accessible reading material and special devices:

          The concerned departments will identify and provide a
D         reading package in English and Hindi to EOC who will get
          them converted in accessible formats by out sourcing."

       8. Mr. Sinha, learned senior counsel has submitted that the
  recommendations do not really address the grievances in a
E seemly manner. In his written note he has, we must appreciably
  state, enumerated the difficulties that would be faced by the
  students who are visually impaired. He has categorized the
  problems and suggested that as far as Science and Life is
  concerned, it is the stand of the appellant-organisation that
  teaching of Science and Life does not require more orientation
F but needs special intensive training of manpower (teachers and
  non-teaching assistive staff) for at least one semester. He has
  dealt with the objectives and expected outcome and suggested
  the views. The views that have been given pertain to many a
  sphere. As far as Building Mathematical Ability is concerned,
G in the written note the learned senior counsel has given the
  views and there are also views relating to requirement and
  arrangements to be made to teach mathematics to visually
  impaired students. We are not enumerating the views and
  suggestions given in the note, for we are not experts and we
H do not intend to dwell upon the same in presenti.
       SAMBHAVANA v. UNIVERSITY OF DELHI                        281
               [DIPAK MISRA, J.]
      9. At this juncture, we are obliged to state that Though the      A
University had constituted an Empowered Committee and it has
experts, yet the grievances raised by the appellant-organisation
relating to visually impaired students require more focus and
sensitive approach. In this context, we may refer with profit to
Section 30 of the Persons with Disabilities (Equal                      B
Opportunities, Protection of Rights and Full Participation) Act,
1995 (for brevity "the Act"). It reads as follows: -

      "30. Appropriate Governments to prepare a
comprehensive education scheme providing for transport                  C
facilities, supply of books, etc. - Without prejudice to the
foregoing provisions, the appropriate Governments shall by
notification prepare a comprehensive education scheme which
shall make provision for -

      (a)   transport facilities to the children with disabilities or   D
            in the alternative financial incentives to parents or
            guardians to enable their children with disabilities
            to attend schools;

      (b)   the removal of architectural barriersJrom schools,          E
            colleges or other institutions imparting vocational
            and professional training;

      (c)   the supply of books, uniforms and other materials
            to children with disabilities attending school;
                                                                        F
      (d)   the grant of scholarship to students with disabilities;

      (e)   setting up of appropriate fora for the redressal of
            grievances of parents regarding the placement of
            their children with disabilities;
                                                                        G
      (f)   suitable modification in the examination system to
            eliminate purely mathematical questions for the
            benefit of blind students and students with low
            vision;
                                                                        H
    282         SUPREME COURT REPORTS                [2013] 6 S.C.R.


A         (g)    restructuring of curriculum for the benefit of children
                 with disabilities;

          (h)    restructuring the curriculum for the benefit of
                 students with hearing impairment to facilitate them
8                to take only one language as part of their
                 curriculum."

       10. On a careful reading of the aforesaid provision, the
  legislative intendment relating to comprehensive education
  scheme is crystal clear. Section 30(f) lays down suitable
C 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 weightage. In this context, Section 31 of the Act is
  referred with profit: -
D
       "31. Educational institutions to provide amanuensis
       to students with visual handicap. - All educational
       institutions shall provide or cause to be provided
       amanuensis to blind students and students with or low
E      vision."

         11. The aforesaid provision exposits the real concern of
  the legislature which is in tune with the international
  conventions. The Parliament has cast certain obligations under
  the State and Central Governments in this regard. It is requisite
F of them to develop special devices and aids so that a child with
  disability gets equal opportunity and comes to the main stream.
  A teacher imparting education to such visually impaired
  children should be absolutely competent and he must have the
  adequate training. Transport facilities, supply of books and
G uniforms and grant of scholarships are in a different sphere
  altogetiller. The grievance that has been accentuated by Mr.
  Sinha with real concern is that there has been on redressal of
  the grievances pertaining to modification in the examination
  system and restructuring of curriculum. Be it noted, India has
H ratified the United Nations Convention on the Rights of Persons
       SAMBHAVANA v. UNIVERSITY OF DELHI                         283
               [~PAK MISRA, J.]

with Disabilities. It has become operative from May, 2008.               A
Article 24 of the said Convention deals with education of
persons with disabilities. It gives emphasis on development of
human potential, sense of dignity, self-worth and strengthening
of respect for human rights and creativity. Article 24(4) of the
Convention reads as follows: -                                           B

     "4. In order to help ensure the realization of this right, States
     Parties shall take appropriate measures to employ
     teachers, including teachers with disabilities, who are
     qualified in sign language and/or Braille, and to train             C
     professionals and staff who work at all levels of education.
     Such training shall incorporate disability awareness and
     the use of appropriate augmentative and alternative
     modes, means and formats of communication,
     educational techniques and materials to support persons
     with di~apilities."                                                 D

      12. We are absolutely conscious that there is an enactment
but India has shown its concern by ratifying the said Convention
and, therefore, we have reproduced the same. When the
University !las thought of imparting education in a different way,       E
it has to bear in mind the need of sensitivity and expected
societal responsiveness. A visually impaired student is entitled
to receive special treatment. Under the constitutional frame the
State has to have policies for such categories of people. Article
41 of the Constitution of India casts a duty on the State to make        F
effective provisions for securing, inter alia, the rights of the
disabled and those suffering from other infirmities within the
limits of economic capacity and development. It is imperative
that the authorities look into the real grievances of the ·visually
impaired people as that is the constitutional and statutory policy.      G
The University has to live the role of Loco Parentis and show
its concern to redress the grievances in proper perspective. Not
for nothing Ralph Waldo Emerson had said "the secret of
education is respecting pupil". Thus, the necessity of the visually
impaired students should have primacy in the mind of the
                                                                         H
    284       SUPREME COURT REPORTS                  [2013] 6 S.C.R.


A   Empowered Committee of the University. Education for visually
    impaired students is a great hope for them and such a hope is
    the brightest bliss in their lives. History has recorded with pride
    that some men with visual impairment have shown high
    intellectual prowess. The anguish and despondency in the life
B   of Milton, the famous English poet, did not deter him to carry
    out the mission of his life. Lack of vision could not destroy his
    Will power. Needless to say that he had the support of the
    society. The ancient sage "Ashtavakra" while laying down the
    traffic rules had categorically stated that the blind man has the
C   first right on the road. Thus, emphasis has always been laid on
    the visually impaired persons for many a reason. When we say
    so, we may not be understood to have said that otherwise
    impaired ot disabled people are to be treated differently in the
    constitutional and statutory scheme. We have only laid
    emphasis on the visually impaired students for the purpose of
0
    present case. It is the need of the present time that the University
    shall look into the matter and mitigate the grievances of the
    visuc.lly impaired students as far as possible. We have already
    indicated that we are not experts. But we are disposed to think
    that the problem has remained unsolved. The same is required
E   to be addressed to in an apposite manner. We do not intend
    to say th~t it has not at all been addressed but there has to be
    more focus, more empathy and more sensitivity. Therefore, we
    permit the appellant-organisation to submit a representation
    indicating its grievances and the views to the said Committee
F   within three days which shall be dealt with by the Committee
    within a week hence.

        13. The appeal is accordingly disposed of without any
    order as to costs.

    B.B.B.                                     Appeals disposed of.