Procedural fairness mandates equal consideration for similarly-placed candidates in educational institution housing policies.

ORDER

1. The petitioner is stated to be a visually-impaired and orphan student pursuing his M.Ed. (Special Education – Visually Impaired) at Dr. Shakuntala Misra National Rehabilitation University, Lucknow (University). It appears that the petitioner has stayed in the University hostel for 7 years and as such, by virtue of Paragraph 5(I)(IV) of the University’s Revised Hostel Rules and Regulations, 2024, has become ineligible to be allotted a hostel room.

2. Resultantly, the petitioner was not allotted any room in the hostel. Thereafter, the petitioner, along with some other student(s), filed a writ petition before the High Court of Judicature at Allahabad, Lucknow Bench, purportedly in public interest, challenging the constitutionality of the above-stated Rule. The High Court declined to entertain the PIL after noticing that the petitioner had filed the petition to espouse his personal cause. However, liberty has been granted to file a proper petition before the High Court. That order of the High Court is under challenge in the present petition.

3. We find that, meanwhile, in another petition ( Pawan Kumar Mishra v. Dr. Shakuntala Misra National Rehabilitation University , Lucknow), bearing Writ-C No.10035/2025, decided on 16.10.2025, the High Court has observed as follows:

“7. In these circumstances, keeping in view the typical facts and circumstances of the case where physically impaired student has already studied in the university for eight years, his education is on the verge of completion and he is facing difficulty in commuting to and from the university from an accommodation arranged outside the university campus, it is provided that in case after making allotments to eligible candidates any accommodation remains available in any of the hostel of the university which is falling in the category of accommodation reserved for visually impaired students, then the petitioner's case will be considered sympathetically by relaxing the conditions contained in Clause 5.1.3 & 5.1.4 of the Revised Hostel Rules and Regulations, 2024.”

4. It seems to us that the sympathetic reconsideration and consequential relaxation of the conditions contained in Clause 5.1.3 and 5.1.4 of the Revised Rules of 2024 deserve to be extended to all the similarly-placed candidates, including the instant petitioner. Consequently, we dispose of this petition with a direction to the University to consider the petitioner’s request for allotment/continuation in the hostel in terms of paragraph 7 of the order passed by the High Court in the case of Pawan Kumar Mishra (supra). The petitioner may, if so advised, submit an application for this purpose to the University.

5. The Special Leave Petition stands disposed of, in the above terms.

6. Pending application(s), if any, shall stand closed.