Javed Ahmad Tak @APPELLANT@Hash Central University Of Jammu And Others

Pursuant to our order dated 10th April, 2019, a compliance report dated 10th May, 2018 (page 45 of the paper book) has been filed by the Social Welfare Department.

We are informed that the State Government has appointed Mr Mohammad Iqbal Lone, the Disability Commissioner as the Nodal Officer for coordinating all issues relating to the disability audit trainings and all matters which are subject matter of our consideration.

We are informed by Ms Srishti Kumar, learned counsel who appears on behalf of M/s Nipman Foundation before us today that Mr Mohammad Iqbal Lone, has contacted the Nipman Foundation and the scheduling of training programmes in Srinagar and Jammu is being worked out.

Additionally, a short Written submission dated 9th May, 2019 has been filed on behalf of the Nipman Foundation.

We are informed that there is no specific school of Planning and Architecture, however, there is a Department of Architecture in Abdul Ahad Azad Memorial Degree College Bemina, which is a cluster university. In terms of our order dated 10th April, 2019, a Committee was constituted by the Principal of the college which has examined the access audit checklist of the sensitization programme which was submitted by Nipman Foundation. This Committee unfortunately did not join the representatives of Nipman Foundation as we had directed. This Committee has given reports (page 234 of the paper book) to the effect that contents of the programme are as per the standards and practices followed globally. However, some contextual issues relevant to Kashmir stands identified by this Committee.

Let the Registrar Judicial make available a copy of this report to Ms Srishti Kumar during the course of the day so that the same can be examined and the access to all of sensitization programme suggested by Nipman Foundation be altered and modified to include the suggestions of the Committee.

A formal document in this behalf be placed by Nipman Foundation on our record within ten days from today.

We would pass further orders regarding disability audits etc and compliance thereafter.

In the written submission filed by MrNipun Malhotra, in para-6, reference stands made to the sensitization program captioned "Access to All Sensitization Program". Nipman Foundation has suggested a one day workshop accompanied by a power point presentation, explaining all facets concerning sensitization towards the difficulties faced by the disabled.

We direct Mr Mohammad Iqbal Lone, to collaborate with Nipman Foundation and ensure training programmes in Srinagar as well as Jammu wherein representatives from all the departments mentioned in para-3 of the status report dated 10th May, 2019, filed by State Government are represented.

We also direct the Registrar General of this Court, the Principal District Judges of Srinagar and Jammu, the Head of the Department of Architecture in the Abdul Ahad Azad Memorial Degree College, Srinagar, the Vice Chancellors of the Central University as well as the Kashmir Univerity to depute representatives which include judges, faculty members and students to the training programmes.

Apart from the above sensitization program, let the Nodal Officer and Nipman Foundation also formalize a specific program for training of trainers. The same shall also be conducted with representatives from all the above authorities, courts as well as the universities.

Urgent and immediate steps for conducting these programmes should be taken and the schedule of the trainining placed before us within ten days from today.

In the report which has been filed by the State Government, while undertaking to pay the expenses which have been borne by Nipman Foundation so far, it has been stated that in the future accommodation in Circuit House and Government Guest Houses' and tickets would be made available as and when Nipman Foundation and its representatives visit the State for future training programmes. While there can be no difficulty in making the accommodation for these persons who would be visiting the State for training programme. However, keeping in view the special needs of Nipun Malhotra, the State Government has to ensure all such facilities wherein his movements are not restricted and there is full provision for providing an enabling environment to the specially abled. We have reservations as to whether Government buildings/ Government Guest Houses would be having such facilities. We leave it to the discretion of Mr Lone to ensure that appropriate facilities which, if necessary, would be in a hotel which would be identified by the State Government ensuring the facilities Mr Nipun Malhotra with his attendants as and when he has to travel.

The respondents shall take steps to ensure the bills for the visits on behalf of Nipman Foundation are expedtitiously processed.

Mr Javed Ahmad Tak is present in the Court and informs us about the difficulties which he is facing in accessing the court rooms. The Registrar Judicial shall ensure that access to the court rooms to MrJaved Ahmad Tak is suitably enabled so that he may not face any difficulty in future.

Officers are transferred inter departmentally and regionally. Therefore, an officer posted with the, say Social Welfare Department today who undergoes a sensitization programme today, therefore may be replaced by an official who has not undergone the training. Therefore, Mr Lone must also bear in mind that a stand alone one time training would not be sufficient and it would be necessary to make a schedule for repeat trainings so that every officer of the State is sensitized abdout making provisions for the differently abled in the State. Let such schedule be drawn up and also placed before us.

List on 29th May, 2019.

Copies of this order be given dasti to learned counsel for the parties under the seal and signature of the Bench Secretary.