HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 10035 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Shwetabh Singh, the learned counsel for the petitioner, Sri Sudeep Seth, the learned Senior Advocate assisted by Sri Atul Kumar Dwivedi and Sri Shailendra Singh, the learned counsel for the opposite parties-Dr. Shakuntala Mishra National Rehabilitation University, Lucknow and its Registrar. 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 visually impaired student be granted hostel facility. 3. The petitioner is pursuing M.Ed Special Education (Visually Impaired) Course 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 Versus Counsel for Petitioner(s) : Shwetabh Singh Counsel for Respondent(s) : Atul Kumar Dwivedi Pawan Kumar Mishra .....Petitioner(s) Dr. Shakuntala Mishra National Rehabilitation University Lko. Thru. Registrar And Another .....Respondent(s) university. The applicant has taken admission in Dr. Shakuntala Mishra National Rehabilitation University, Lucknow in the year 2017 for pursuing B.A. Course which he completed in the year 2020. During the year 2020-2022 the applicant had pursued B.Ed Special Education and during Session 2022-2024 the petitioner has pursued M.A. History Course. The petitioner has taken admission to M.Ed. Special Education Course in the year 2024- 2025 and this course will complete in the Session 2025-2026. Thus, the petitioner has completed eight years while residing in hostel of the university and he has already availed hostel facility while pursuing a masters course during the period 2022-2024 and he is pursuing a second masters course in Education presently. 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 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 availed the hostel facility for the same level course i.e. M.A. earlier and as he 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, a perusal of the written instructions provided to learned counsel for the University indicates that the process of allotment of hostels is still going on, 50% accommodations in the hostel is reserved for physically disabled persons, half of which i.e. 25% of the total accommodation is reserved for visually impaired students. The instructions are taken on record. 6. The petitioner is a visually impaired student. 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 WRIC No. 10035 of 2025 2 the university. The petitioner has already spent eight years while staying the hostel of university and presently his education is on the verge of completion as he has to study for merely one last session which would conclude hopefully some time in the month of May-June, 2026. 7. In these circumstances, keeping in view the typical facts and circumstances of the case where physically impaired student has already studied in the university for eight years, his education is on the verge of completion 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 visually impaired students, then the petitioner's case will be considered sympathetically by relaxing the conditions contained in Clause 5.1.3 & 5.1.4 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 wherein the visually impaired petitioner has already spent eight years while staying in the hostels of the university and his education is on the verge of completion. 9. With the aforesaid observations, the petition stands disposed of . October 16, 2025 Ram. WRIC No. 10035 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench