HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 10826 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Saurabh Yadav, the learned counsel for the petitioner and Sri Atul Kumar Dwivedi, the learned counsel for the respondents. 2. By means of the instant petition filed under Article 226 of the Constitution of India the petitioner has challenged the validity of Paras 5.1.3 & 5.1.4 of Revised Hostel Rules and Regulations, 2024 issued by the opposite parties, but during submissions, the learned counsel for the petitioner did not press this relief and he merely requested that the petitioner, who is a physically disabled student, be granted hostel facility. 3. The petitioner is a person suffering loco-motor disability and the level of his physical disability is 90%. He is pursuing PhD in Dr. Shakuntala Mishra National Rehabilitation University, Lucknow and is in the second year of the course. The petitioner was granted hostel facility in the first year but in the second year he has been denied the facility keeping in view the provisions contained in the Revised Hostel Rules and Regulations which provide that the applicant shall be allotted hostel facility if he has not availed hostel facility for a course of same level earlier and if he has not completed seven years of staying in any hostel of the university. The applicant has taken admission in Dr. Shakuntala Mishra National Rehabilitation University, Lucknow in the year 2016 for pursuing B.Com. Course which he completed in the year 2019. During the year 2019-2021, the applicant had pursued M.Com. and during Session 2021-2023 the petitioner has pursued B.Ed. The petitioner has taken admission to PhD in the year 2024. Thus, the petitioner has completed nine years while residing in hostel of the university. 4. The notices were issued to the occupants of the hostel rooms in the month of June, 2025 and university has got the hostels vacated. Presently the allotment process is going on. 5. The learned counsel for the opposite parties have opposed the writ petition and they Versus Counsel for Petitioner(s) : Dinesh Chandra, Awadhesh Yadav, Manisha Yadav Counsel for Respondent(s) : Atul Kumar Dwivedi Vikas Maurya .....Petitioner(s) Dr. Shakuntala Misra National Rehabilitation University Thru. Registrar And Anr. .....Respondent(s) have submitted that the university is bound to follow the Revised Hostel Rules and Regulations which do not vest any discretion in the authorities to relax the conditions in favour of any particular candidate. They have submitted that as the applicant has completed more than seven years of stay in the hostels of the university, he is not entitled to seek allotment of accommodation in a hostel of the university. However, the process of allotment of hostels is still going on, 50% accommodations in the hostel is reserved for physically disabled persons. 6. The petitioner is a student suffering from 90% disability. Denial of accommodation to him in the university hostel will compel him to arrange for accommodation at some place outside the university in which case he will have to face difficulty in commuting to and from the university. 7. In these circumstances, keeping in view the typical facts and circumstances of the case where a physically impaired student has already studied in the university for nine years and he is facing difficulty in commuting to and from the university from an accommodation arranged outside the university campus, it is provided that in case after making allotments to eligible candidates any accommodation remains available in any of the hostel of the university which is falling in the category of accommodation reserved for physically handicapped students, then the petitioner's case will be considered sympathetically by relaxing the conditions contained in Clause 5.1.3 of the Revised Hostel Rules and Regulations, 2024. 8. It is clarified that this order has been passed keeping in view the peculiar facts and circumstances of the case referred to above. 9. With the aforesaid observations, the petition stands disposed of. November 12, 2025 -Amit K- WRIC No. 10826 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench