$~5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 3066/2020
VARUN KHULLAR ..... Petitioner
Through: Mr. Karan Mathur and Mr. Ivo
D’costa, Advs.
Versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mrs. Maninder Acharya, learned ASG
with Mr. Anurag Ahluwalia, CGSC
with Mr. Abhigyan Siddhant and
Mr. Viplayv Acharya, Advs. for UOI.
Mr. Shadan Farasat, learned Addl.
Standing Counsel appearing for the
respondent /GNCTD.
CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO
ORDER
% 13.05.2020
This matter is being heard through video-conferencing.
This petition has been filed by the petitioner with the following
prayers:
“In view of aforesaid facts and circumstances explained
hereinabove and in the interest of justice it is humbly prayed that
this Hon’ble Court may graciously be pleased to:
a. Issue a writ, order or direction in the nature of mandamus
thereby directing the Respondents to give effect to Section 8
of the RIGHTS OF PERSONS WITH DISABILITIES ACT,
2016;
b. Issue a writ, order or direction in the nature of mandamus
to the Respondents to classify the care takers, attendants
and support staff of the PWDs as medical personnel and
consequent exemptions under the NDMA, including but not
limited to their transit.
c. Issue a writ, order or direction to the Respondents to
implement an action plan to deal with the issues faced by the
PWDs during the entirety of nationwide lockdown;
d. Such and other orders that this Hon’ble Court may deem
fit in the facts and circumstances of the instant case.”
On the last date of hearing, this court had passed the following order:
“1. The hearing was conducted through video conferencing.
2. Petitioner, a person with disabilities, has filed this
petition inter alia seeking a mandamus against the
respondents to classify caretakers, attendants and support
staff of the persons with disabilities as medical personnel
and consequently, grant them exemptions under the National
Disaster Management Act, including but not limited to their
transit.
3. Learned counsel for the petitioner submits that petitioner
is a person suffering with 100% disability below D5-6 level
and accordingly, cannot perform his day-to-day functions
without the help of a caretaker/attendant.
4. Learned counsel for the petitioner submits that in view of
lock-down and the guidelines issued by Union of India, the
caretakers/attendants and support staff of persons with great
difficulty are not granted exemptions under the National
Disaster Manager Act and as such, are not in a position to
obtain a pass for travelling from their residences to the
residence of the person with disabilities to support him.
5. Learned counsel for the petitioner further submits that
some of the caretakers/attendants and support staff are not
registered as medical personnel and accordingly, do not
satisfy the criteria prescribed by the Government for grant
of exemptions under National Disaster Management Act.
6. It is prayed that such caretakers/attendants and support
staff of persons with disabilities be granted exemption so
that it eases their travel to the residence of the persons with
disabilities.
7. In my view it would be appropriate to direct the Central
Government to consider as to whether caretakers, attendants
and support staff of persons with disabilities could be
granted exemption under the National Disaster Manager Act
for the purposes of providing support to the persons with
disability, who do not have any in house support and are
unable to take care of themselves without such support. The
Competent Authority shall also consider as which category
of persons with disability’s caretakers, attendants and
support staff would be granted exemption and subject to
what conditions.
8. Ms. Maninder Acharya, learned Additional Solicitor
General appearing for the Union of India prays for time to
take instructions.
9. List on 13.05.2020.
10. Copy of the order be uploaded on the High Court
website and be also forwarded to learned counsels through
email.”
Mrs. Maninder Acharya, learned ASG appearing for the respondent /
UOI has by drawing my attention to the guidelines issued by the Central
Government with reference to Section 8(2) of the Act states that in view of
the guidelines so issued, the grievance of the petitioner in this petition has
been answered. Mr. Karan Mathur, learned counsel appearing for the
petitioner agrees with the submission made by Mrs. Acharya. If that be so,
the writ petition is closed giving liberty to the petitioner, in the eventuality if
he has any other grievance, to seek such remedy as available in law. I also
take on record the statement made by Mr. Shadan Farasat, learned Addl.
Standing Counsel appearing for the respondent / GNCTD that the guidelines
issued by the Central Government on March 26, 2020 are being
implemented by GNCTD.
No costs.
V. KAMESWAR RAO, J
MAY 13, 2020/jg
