PROF DR KAUSHIK MAJUMDAR v. INDIAN STATISTICAL INSTITUTE
WP/12748/2015 · 2026-07-28
M G S Kamal
body2026
DailyLaw.ai
[ 2026 DAILYLAW 32809 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 32809 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010235002015 NC: 2026:KHC:40561 WP No. 12748 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 12748 OF 2015 (GM-RES) BETWEEN:
1.
PROF DR KAUSHIK MAJUMDAR AGED ABOUT 48 YEARS, S/O MR.SOBHAN KUMAR MAJUMDAR, RESIDING AT: G-4, GUEST HOUSE, INDIAN STATISTICAL INSTITUTE, 8TH MILE, MYSORE ROAD, BENGALURU-560 059. …PETITIONER (BY SRI. SEETHA RAMA RAO B C.,ADVOCATE) AND:
1.
INDIAN STATISTICAL INSTITUTE 203, B.T.ROAD, KOLKATTA-700 108.
REP. BY THE DIRECTOR.
2.
THE INDIAN STATISTICAL INSTITUTE BANGALORE CENTER, 8TH MILE, MYSORE ROAD, BENGALURU-560 059, REP. BY THE HEAD OF THE CENTRE.
3.
THE DEAN OF STUDIES INDIAN STATISTICAL INSTITUTE 203 B.T.ROAD, KOLKATA-700 108.
Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA
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4.
THE CHIEF COMMISSIONER FOR PERSONS WITH DISABILITIES, SAROJINI HOUSE,6, BHAGAWAN DASS ROAD, NEW DELHI-110 001
5.
UNION OF INDIA MINISTRY OF STATISTICS AND PROGRAM IMPLEMENTATION, SARDAR PATEL BHAVAN, SANSAD BHAVAN, NEW DELHI 110 001 REP. BY THE SECRETARY.
6.
THE COMMISSIONER, STATE COMMISSIONER FOR RIGHTS OF PERSONS WITH DISABILITIES, NO.55, ABHAYA SANKEERNA, 2ND FLOOR, KARNATAKA SLUM BOARD BUILDING RISALDAR STREET, SESHADRIPURAM, BANGALORE-560 020 …RESPONDENTS (BY SRI. S.RAJASHEKAR.,ADVOCATE FOR R1 TO R5 SRI. MAHANTESH SHETTAR.,AGA FOR R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A)DIRECT THE R-1 & 2 I.E. ISI ADMINISTRATORS, PROVIDE APPROPRIATE INFRASTRUCTURAL FACILITIES TO THE PERSONS WITH PHYSICAL DISABILITIES IN GENERAL AND TO THE PETITIONER IN PARTICULAR. INCLUDING SUITABLE
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ACCOMMODATION, TRANSPORTATION AND OTHER FACILITIES AND ETC.,
THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL
ORAL ORDER
1. Heard Sri. Seetha Rama Rao. B.C, learned counsel for the petitioner appearing through video conference and Sri Rajashekar, learned counsel for respondent Nos. 1 to 5. 2. This writ petition is filed by the petitioner, who is specially-abled person, presently rendering his service as Associate Professor in respondent No.2- Institute, seeking following relief's:
" a) Directing the Respondent No.1 & 2 i.e. ISI Administrators, provide appropriate infrastructural facilities to the persons with physical disabilities in General and to the Petitioner in particular, including suitable accommodation, transportation and other facilities;
b) Direct the Respondent No. 1 to constitute a permanent committee, within the ISI, at each of its Centres to deal with the issues confronted by disabled persons;
c) Direct the Respondent No. 1 i.e. ISI to formulate appropriate policies for recruitment and promotion of candidates, including the guidelines for the composition of the selection committee;
d) Direct the Respondent No. 1 i.e. ISI to formulate appropriate policies providing for reservation for candidates with
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disabilities/physically handicapped persons in recruitment and promotions; as contemplated in Persons with Disabilities (Equal Opportunities, Protection of Rights & Full Participation) Act 1995;
e) Direct the Respondent No. 1 i.e. ISI and/or the Respondent No. 5 Ministry of Statistics and Program Implementation to constitute a Review Committee to evaluate the functioning of the ISI (article 9 of Indian Statistical Institute Act, 1959), and its effectiveness and the steps needed to reform its proper functioning;
f) Direct the Respondent No. 3 i.e. Dean of Studies of the ISI to reconstitute the Research Fellow Advisory Committee of the Computer and Communication Sciences Division so that all members of the committee are duly qualified in the field of study that they are representing in the committee. g) Direct the Respondent No. 1 i.e. Director to resolve the headship issue in the Systems Science and Informatics Unit where the petitioner is working without delay. h) Pass any other order which this Hon'ble Court may deem fit in the facts and circumstances of the present case including award of costs in the interest of justice."
3.
On 07.07.2026, this Court passed the following Order:
" Pursuant to the order dated 24.06.2026 and 02.07.2026, learned ASG files affidavit sworn to by one Sri.Behara Seshadri Daya Sagar, working as Professor of HAG and Centre Head, Indian Statistical Institute along with nine documents marked as A1 to A9. Copy of the same has also been served on the learned counsel for the petitioner. 2. This affidavit is pertaining to prayer (a) of the writ petition. The grievance of the petitioner was that he has not been provided with a disability friendly accommodation within the campus and that he has been made to stay/reside in a guest house comprising of one single room and attached washroom which he has been using for all his needs including for cooking. 3. Affidavit now filed refers to certain documents namely plan of the proposed building, location of the site with photographs and also a report of the committee with regard to the location of the site, the estimated cost of proposed construction indicating readiness and willingness of the respondent-Institute to construct disability friendly accommodation. 4. Paragraph 11 of the affidavit reads as under: "11. I further submit that the proposed construction shall be completed within period of two years subject to fund availability and the 1st respondent institution assures this Hon'ble Court that it shall make
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earnest endeavour and take all necessary steps to complete the construction of the quarters."
5. Though the affidavit and the paragraph referred to above assures putting up of construction within the time specified therein, learned counsel for the petitioner raises two concerns namely (i) the said assurance and undertaking is subject to a rider regarding availability of fund, which is unclear. (ii) till completion of the proposed construction, petitioner be provided access to the kitchen facility existing adjacent to the guest house, presently in occupation of the petitioner. 6.
In response to the aforesaid concerns of the learned counsel for the petitioner, learned ASG submits since the location of the site is identified and finalized, proposed plan is finalized, cost of construction finalized, the time is also finalized, the respondent-institution shall ensure that the construction would be completed within the time frame mentioned at paragraph 11 irrespective of the rider regarding availability of funds. He submits said rider is placed as a matter of abundant caution. 7. The aforesaid submission of learned ASG regarding completion of the proposed construction within the time stipulated is placed on record. Thus, it is made clear notwithstanding the rider regarding availability of fund, the respondent-institute shall complete the proposed construction within two years from today. 8. As regards the second concern of the learned counsel for petitioner, the learned ASG on instructions has assured that the petitioner is at liberty and would be allowed to use the kitchen which is situated adjacent to the present accommodation occupied by the petitioner till completion of the construction as stated above. Needless to state, it is for the petitioner to keep the area within his command clean and hygienic. 9. With the above, relief (a) sought for by the petitioner stands addressed and disposed of accordingly. 10. List this matter on 20.07.2026 for consideration of reliefs (b) to (g)."
4. Thus, by virtue of the said order, relief as sought at paragraph (a) of the prayer column has been addressed. The matter was directed to be listed for consideration of reliefs in paragraphs (b) to (g). - 6 -
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5.
Learned counsel for the petitioner appearing through video conference submits that the petitioner would not press relief paragraphs at (f) and (g).
6. As regards to the relief at paragraph (b), it is admitted that, a committee known and called as 'Rights of Persons with Disability' has been constituted, of which the petitioner himself is the chairman. Therefore, even the said prayer stands addressed.
7. As regard to relief at paragraph (c) and (d) are concerned, counsel for the respondents, refers to paragraph 4(a) to 4(i) of Statement of Objection filed on 23.07.2026 indicating various office orders and submits that, in terms of the said office orders petitioner, from the date of his appointment till now has been given periodical promotion and increment in the pay. He further submits that a policy with regard to recruitment, promotion and increment as contemplated under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 is already in place and the orders mentioned at paragraph 4(a) to (g) of the
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Statement of Objection are in consonance and in furtherance to the said policy.
8. There is no dispute to the aforesaid aspect of the matter.
9. In that view of the matter, this Court do not see any reason to delve into the merits or otherwise of the
contentions urged with regard to aforesaid aspects of the matter.
10. However, should there be any breach of any rights of the petitioner, in not adhering to the policies referred to above, he is always at liberty to approach this court, seeking reddressal of his grievance, if any, in accordance with law.
11. Taking note of the aforesaid aspects and the submissions of learned counsel for the parties, petition is disposed of.
Sd/- (M.G.S. KAMAL) JUDGE
SPV List No.: 1 Sl No.: 24