Showing posts with label Free Education for Children with Disabilities. Show all posts
Showing posts with label Free Education for Children with Disabilities. Show all posts

Monday, December 12, 2022

Delhi HC: Children with Disabilities entitled to basic facilities free of costs that includes, school uniform, books, assistive devices, transportation etc. [Judgement Included]

Court: High Court of Delhi at New Delhi

Bench: Justice Pratibha M Singh

Case No: W.P.(C) 14032/2022

Case Title: Manish Lenka Vs. Union of India & Ors.

Date of  Order: 12 December 2022

Next Date of Hearing: 22 March 2023

Subject: Free Educational Facilties for children with Disabilities

Matter in brief:

Petitioner, a student of Class 6 at a Kendriya Vidyalaya school in Noida, with a visual impairment of over 75 per cent, had moved the high court seeking a grant of books, learning material, and assistive devices along with other facilities provided under the RPWD Act. The boy’s counsel argued the child’s father is a daily wager who is unable to afford his son’s educational requirements.

The child claimed the facilities were not being provided by the school pursuant to which he approached the Court of Chief Commissioner under the RPWD Act. The Chief Commissioner on October 13, 2020, had directed that “books, learning materials, uniforms etc, as well as the facility of scribe/lab assistant” be granted to the student. The student claimed that despite the said order the facilities were not granted to him.

Submitting its status report before the high court, the school argued that all the items as requested had been provided including a scribe during offline exams for the 2021-22 session and the same shall be provided in future as well. However, the child’s counsel argued his client had not been given a waiver of the uniform fee, computer fee, and transportation cost to date.

Perusing the provisions of the Rights of Persons with Disabilities Act (RPWD), 2016, the bench observed, “A perusal of the said provisions show that facilities such as uniform, computer fee and transportation cost are all covered under the statute… These constitute basic facilities for a child… Considering the recognition given to the rights of persons with disabilities, there can be no doubt that these facilities ought to be provided especially at Kendriya Vidyalaya Schools which are government schools present all over the country, in order to ensure that children with disabilities are not deprived of proper education”.

The bench directed the school to provide uniforms free of cost to the student within a period of two weeks and also waived the computer fee. With respect to transportation costs, since the school did not provide it, the child’s counsel was asked on the next date of the hearing to make a submission on the transportation cost incurred by the child for travelling between his home to the school and back.

The bench also directed the Centre to file a status report regarding the measures that are to be taken in regard to the transportation cost and other facilities as directed under the RPWD Act. The Centre was also directed to file a status report on the student’s requirement for an assistive device. The bench added if the child is not provided with the requisite facilities as directed by the court, he would be free to approach the Court by way of an application. 

The matter has been next listedon 22 March 2023.

Read the Judgement here: