2022 Supreme(SC) 1312
SUPREME COURT OF INDIA
Dr. D.Y. Chandrachud, A.S. Bopanna, JJ.
Disabled Right Group & Anr. – Appellants
Versus
Union of India & Ors. – Respondents
Miscellaneous Application No. 1637 of 2019 in W.P.(C) No. 292 of 2006 (Arising Out of impugned final judgment and order dated 15-12-2017 in W.P.(C)No. 292 of 2006 passed by the Supreme Court of India)
Decided On : 10-01-2022
By Courts Motion, Advocate, For the Appellant / Mr. K.M. Nataraj, ASG, Mr. Gurmeet Singh Makker, Advocate, Mr. A.K. Srivastava, Advocate, Mr. Anil Hooda, Advocate, Mr. V. Balaji, Advocate, Mr. Shantanu Sharma, Advocate, Mr. Shiv Mangal Sharma, Advocate, Mr. D.L. Chidanand, Advocate, Ms. Sunita Rani Singh, Advocate, Mr. R.R. Rajesh, Advocate, Mr. Amrish Kumar, Advocate, Mr. Shafiq Ahmed, Advocate, Mr. Ajay Sharma, Advocate, Ms. Mamta Rani, Advocate, Mr. Anurag Tripathi, Advocate, For the Respondent; Mr. Manoj Ranjan Sinha, Advocate, Mr. Rameshwar Prasad Goyal, Advocate, for the UGC.
The court emphasized the proactive finalization of guidelines and commencement of inspections to ensure compliance with the RPWD Act.
Headnote:
Accessibility Standards - UGC - The court directed the University Grants Commission (UGC) to ensure the finalization of guidelines for accessibility standards related to infrastructure, pedagogy, and curriculum for educational institutions. The UGC was also directed to commence work on inspections and to file a status report of the progress made before the next date of hearing.
Fact of the Case:
An updated status report was filed by the University Grants Commission (UGC) indicating progress in preparing accessibility standards for educational institutions.
Finding of the Court:
The court directed the UGC to finalize guidelines for accessibility standards and commence work on inspections before the next date of hearing.
Issues: Progress on accessibility standards and inspections by the UGC.
Ratio Decidendi: The UGC was directed to be proactive in finalizing guidelines and commencing inspections to ensure implementation of the provisions of the RPWD Act.
Final Decision: The proceedings were listed for 14 March 2022, and compliance was to be reported at least a week before the next date of listing. The report and guidelines were to be made available to all concerned stakeholders and uploaded on the UGC website.
ORDER
1. An updated status report has been filed by the University Grants Commission (UGC). The status report indicates that pursuant to communications addressed by the UGC, responses have been received from 334 universities and 553 colleges. The Committee which has been constituted by the UGC to prepare accessibility standards related to infrastructure, pedagogy and curriculum for educational institutions in consultation with the Chief Commissioners has initiated work.
2. A draft working framework for guidelines has been placed on the record. The status report indicates that visiting teams are being finalized to formulate modalities to carry out inspection of educational institutions to ensure implementation of the provisions of the RPWD Act and a Committee of experts would be set up for this purpose. The guidelines are expected to be finalized shortly, after which inspections are envisaged.
3. We direct the UGC to ensure that the guidelines are finalized before the next date of hearing. Work on the inspections should also commence. A status report should be filed of the progress made. We request the UGC to be proactive.
4. In view of the current stage of the pandemic, on the request of Mr Manoj Ranjan Sinha, learned counsel for the UGC, we direct that the proceedings be now listed on 14 March 2022. Compliance shall be reported at least a week before the next date of listing. The report and guidelines shall be made available to all the concerned stakeholders and shall be uploaded on the website of the UGC.
5. List the Miscellaneous Application on 14 March 2022.