Delhi High Court Orders Free Hostel Accommodation for Differently Abled JNU Student

The Delhi High Court has directed Jawaharlal Nehru University (JNU) to provide free hostel accommodation to visually disabled student Sanjeev Kumar Mishra, pursuing a Master’s degree. In the case of Sanjeev Kumar Mishra v Jawaharlal Nehru University & Ors, Justice C Hari Shankar emphasized that JNU cannot deny hostel accommodation to differently-abled students based on its manual.

"The petitioner is, therefore, entitled, as of right, to hostel accommodation, provided by the JNU within its campus, free of cost, with all other entitlements to which a differently abled student is entitled under the law and the policies of the JNU," the Court ordered, stressing JNU's obligation to support differently-abled students.

The Court challenged the term 'disabled' and advocated for 'differently abled,' aligning with the Rights of Persons with Disabilities Act, 2016. Justice Hari Shankar asserted that this terminology better reflects the intent of laws aiming to neutralize disabilities and promote equal opportunities.

Sanjeev Kumar Mishra approached the High Court seeking directives for JNU to allot him a hostel room. JNU argued that Mishra, pursuing a second Master’s level course, wasn't entitled to accommodation according to the hostel manual. The Court ruled in Mishra’s favor, highlighting the absence of empirical data justifying JNU's refusal and emphasizing the equal footing of differently-abled individuals.

In a nuanced observation, Justice Hari Shankar mentioned that providing means to overcome differences allows differently-abled individuals to become an integral part of the human whole. The Court cited lawyer Rahul Bajaj as an example of a differently-abled person excelling in his profession. The decision underscores the need to address the unique requirements of differently-abled students in educational institutions.

Author: Anushka Taraniya

News Writer, MIT ADT University