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Synopsis

The Delhi High Court, on Tuesday, restrained Delhi University from taking any coercive actions against a fully visually impaired Assistant Professor, from whom the university had demanded Rs. 6,74,100 for unauthorized occupancy of their hostel room. The court granted interim relief to the professor until the next hearing, which was scheduled for October 1, 2024.

The bench of Justice Sanjeev Narula held, “Considering the afore-noted circumstances, till the next date of hearing, no further coercive action shall be taken by the Respondents in terms of order dated 7th June, 2024”. 

The Professor had previously filed a writ petition challenging a demand letter. The demand letter sought a total payment of Rs. 6,74,100/- from the Professor from August 1, 2021, to September 30, 2023.

Following directions from the court, the University issued another order on June 7, 2024, determining the Professor owed a reduced outstanding amount of Rs. 6,66,078/- (50% of Rs. 13,32,155/-) for the period from August 6, 2021, to March 27, 2024, after adjusting deductions from her salary. 

The Professor, represented by Advocate Amit George, argued that the contested order imposed an unjustified and arbitrary monthly license fee of Rs. 1840/- without any factual basis. It was further contended that the demand lacks transparency and quantification and asserted that the University was obligated under the Rights of Persons with Disabilities Act, 2016, to provide reasonable accommodation. Therefore, it was argued that the Professor cannot be considered an unauthorized occupant of the accommodation. Additionally, the Professor informed the court that Rs. 33,885/- was already deducted from her salary.

On the contrary, Advocate Mohinder Rupal, representing the University, contended that the application was not maintainable, arguing that the Professor cannot challenge the quantification of the demand since the Court did not grant liberty to contest the decision. He further argued that the Professor was not entitled to the accommodation and was in unauthorized occupation, making the demand lawful and justified.

The court, during a recent session, issued notice to the University for a response to be submitted within four weeks. The court further prohibited the University from taking any additional coercive measures until the next hearing date. 

For Petitioner: Advocates Amit George, Dhiraj Philip, Febin Varghese, Namkata Mohapatra, Lija Merin John, Srishti Aggarwal, and Dushyant Kaul. 
For Respondent: Advocates Mohinder Rupal, and Hardik Rupal

Case Title: Sharmishthaa Atreja v University Of Delhi & Ors (W.P.(C) 8874/2024)