SHRUTI KALRA Vs. UNIVERSITY OF DELHI

JUDGEMENT

(1.) The credentials of the petitioner in this petition demonstrate as to how the petitioner who is a handicapped person, as she was born with congenital blindness, has not allowed this disability to disable her. Even without any vision or proper vision since birth, the petitioner not only pursued her studies but proved to the world at large that what a normal student could do she could do the same equally well or even better.

(2.) This is clearly demonstrated by the testimony of her academic record. She passed her Senior Secondary Examination with distinction in Accountancy as well as Economics in 1981. She joined B.A. (Hons.) degree course in Instrumental Music and topped in Daulat Ram College, University of Delhi in all three years; in 1984, received third prize in Culturefest, for Sitar Vadan during the Diamond Jubilee Celebration of Delhi University; in 1985 she was awarded of All India Post Graduate Scholarship for Instrumental Music by the University of Delhi. After Graduation she pursued higher studies by joining M.A. (Instrumental Music) and topped in her College. She was awarded L. Jugal Kishore Jagdish Prasad Memorial Prize for this. She was awarded Junior Research Fellowship for Instrumental Music by University of Delhi during the period 1986-90. With burning desire to achieve more milestones, she joined and completed her M.Phil. (Masters Course in Philosophy) from Delhi University with First Division. Adorning all these qualifications, medals and prizes, this visually handicapped person dreamt of a brilliant career as well. AND it was a well deserved dream, a legitimate expectation. She started with modest beginnings by getting appointment as Trained Graduate Teacher (Instrumental Music) in Bal Bharati Public School, Delhi. In March, 1985 she was selected by U.P.S.C. for appointment as Lecturer in Instrumental Music. In April, 1986 she was appointed T.G.T. (Instrumental Music) by Delhi Administration. However, she has the aspiration to become a teacher in Delhi University. Saw the opportunity coming her way when two posts of Lecturer (Instrumental Music) in Shyama Prasad Mukherjee College (for women) were advertised in April, 1995. She also applied. She got the interview call. She was interviewed by Selection Committee. But to her dismay, she was not selected. The respondent-college filled only one post by appointing Respondent No. 5. The petitioner felt that she had been ignored.

(3.) It may be mentioned that the advertisement, inter alia, provided for reservation for blind persons by stipulating as under: