Amar Singh v. Delhi Transport Corporation

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 15319/2024 AMAR SINGH .....Petitioner Through:

Mr. Arpit Bhargava, Mr. Sarthak Sharma, Ms. Nitasha Gupta, Ms. Hina Bhargava, Advs.

versus DELHI TRANSPORT CORPORATION .....Respondent Through:

Ms. Manisha Singh, Mr. George Pothan Poothicote, Mr. Prakarsh Kumar, Ms. Jyoti Singh, Advs.

CORAM:

HON'BLE MR. JUSTICE SACHIN DATTA % 05.03.2025

O R D E R

CM APPL. 64299/2024 (Exemption) 1.

Allowed, subject to all just exceptions.

2.

The application stand disposed of.

W.P.(C) 15319/2024 3.

The present petition filed by the petitioner, who is stated to be a visually impaired person, seeks that the respondent (DTC) be directed to issue a free bus pass in favour of the petitioner. 4.

It is submitted that the issuance of a free bus pass in favour of the petitioner is mandatory in terms of the DTC Citizen Charter. The relevant provision of the same reads as under:- Category Monthly Charges Requirements Period of Issue Pass Divyangjan All Route Free Valid proof of Residence in Same Day (Blind) AC/Non-AC in Delhi Disability Certificate (FP) City/NCR issued by a Govt. Hospital, Service only Certificate/I-Card issued by The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

with one the SDM or Unique Disability attendant ID (UDID) card issued by charged half of Department of empowerment, the adult fare Minister of Social Justice & (Pass issued to Empowerment, Govt. of India blind persons as a valid proof of Disability only) Document for issuing a free bus pass to the Divyangjan/person with disability. {Deaf & Dumb (60 decibel), Blinds (1/60 to 6/60both eyes) and Physically Disabled (40% or above)} only are entitled. One escort is allowed to travel free with the blind disability Should be defined is person with disabilities Act, 1995 5.

Learned counsel for the petitioner submits that the nature of the disability of the petitioner is such that he qualifies for issuance of a free bus pass. In support thereof, he relies upon a certificate issued by the Revenue Department, Government of NCT of Delhi, Office of the District Magistrate, Rajouri Garden, West District, which records that the petitioner suffers from "Blindness" and the percentage of the said disability has been assessed as 50%. The same is based on the medical certificate issued by the Eye Department, Deen Dayal Upadhyay Hospital (DDUH). 6.

However, learned counsel for the respondent submits that the requisite free DTC bus pass cannot be issued on the basis of the said certificate since the same is seemingly inconsistent with the Unique Disability ID (UDID) Card dated 10.02.2023 issued by the Department of Empowerment of The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Persons with Disabilities, Ministry of Social Justice and Empowerment, Government of India. The said submission is, however, controverted by learned counsel for the petitioner.

7.

From a bare perusal of the above quoted provisions of the DTC Citizen Charter, it is evident that the requirement to submit the Unique Disability ID (UDID) Card is optional, as an alternative. The requirement is to produce :

Valid proof of Residence in Delhi; Disability Certificate issued by a Govt. Hospital Certificate/ICard issued by the SDM or Unique Disability ID (UDID) card issued by Department of empowerment, Minister of Social Justice & Empowerment, Govt. of India 8.

After some hearing, it is directed that the petitioner shall obtain a fresh certificate from the Eye Department, DDU Hospital setting out the nature and extent of the petitioner's disability. Pursuant thereto, the said disability certificate as may be issued by the DDU Hospital together with the valid residence proof at Delhi and ID Card issued by the SDM, shall be forwarded to the Respondent/ DTC.

9.

If the aforesaid document/s submitted by the petitioner discloses the requisite level of disability, the respondent / DTC shall issue a free bus pass to the petitioner in terms of the DTC Citizen Charter. 10.

The same shall be done expeditiously and in any event within a period of one week from the date of submission of the aforesaid document/s. 11.

The present petition is disposed of in the above terms. SACHIN DATTA, J MARCH 5, 2025/uk The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.