LALIT Vs. GOVT OF NCT

JUDGEMENT

(1.) W.P.(C) 3444/2008 CM.No.6573/2008 (for stay) This writ petition was filed on 30th April 2008 by 12 inmates of the hostel attached to the Andh Mahavidyalya, at Panchkuian Road, New Delhi, an institution for visually challenged students. They sought a direction to Respondent No.1, Department of Education, Government of the National Capital Territory of Delhi (GNCTD) and Respondent No. 2, the Authorised Officer of the Andh Mahavidyalya not to dispossess the Petitioners or compel to leave the Andh Mahavidyalya.

(2.) It was claimed in the petition that although till 1976-1977 only students studying up to Class X were admitted to the hostel, that condition was waived and all visually challenged persons, irrespective of their age and the level in the school were permitted to live there.

(3.) On 2nd May 2008 an interim order was passed by this Court directing that the Petitioners shall not be dispossessed. An application was filed soon thereafter by the Respondents seeking vacation of the interim order. In the said application it was stated that a wrong statement had been made in the writ petition that the 12 Petitioners were being expelled. In fact an expulsion order was passed on 29th April 2008 against the following 5 inmates of the hostel: Lalit Kumar - Petitioner No.1 Bacchu Chowdhary - Petitioner No.5 Rajinder Kumar - Petitioner No.6 Manoj Kumar - Petitioner No.9 Raj Bali - Petitioner No.11