SCHOOL DENIES ADMISSION TO BLIND GIRL STUDENTS - SJ WRITES TO DOE
A Civil Rights Group
1. The Principal,
Rashtriya Virjanand Andh Kanya Vidhyalaya,
J- Block, Vikaspuri, New Delhi-110018
2. The Director of Education,
Govt. of N.C.T of Delhi,
Old Secretariat Building,
Km. Sita d/o Sh. Mukh Lal and Km. Ranjana d/o Late Balram Paswan, both 100% visually impaired have approached us for taking up their cause. Both these students had been studying in Rashtriya Virjanand Andh Kanya Vidhyalaya,J- Block, Vikaspuri, New Delhi-110018 since class VI and had also been given hostel facility in the said school. The said school have appeared in class X C.B.S.E examination 2010-12 and qualified the same.
The process for admission in class XI started from 09.07.2012. Both these students approached the school on 09.07.2012 for admission in class XI in the academic year 2012-13. Both the students have been denied admission despite direction by the Deputy Director of Education. The denial of admission to the said students is totally illegal, arbitrary, malafide, unjust, unethical, unfair and violative of Articles 14, 15, 21 and 38 of the Constitution of India, contrary to the law laid down by the Hon’ble Supreme Court in Cambridge School vs. Payal Gupta (1995) 5 SCC 512 and Principal, Kendriya Vidhyalaya vs. Saurabh Chaudhary ( 2009 ) 1 SCC 794, contrary to the provisions of PWD Act, 1995 and otherwise also bad in law.
The said school is a Govt. aided school and is governed by the provisions of Delhi School Education Act, 1973. The said students are entitled to automatic promotion/admission in class XI in school and are also entitled to the facility of hostel as they were earlier provided with.
It is unfortunate that despite clear contraventions of provisions of Delhi School Education Act, 1973 by the said school, the Director of Education has not taken any action against the school till date.
It is therefore, called upon to the Principal, Rashtriya Virjanand Andh Kanya Vidhyalaya,J- Block, Vikaspuri, New Delhi-110018 to forthwith grant admission to Km. Sita and Km. Ranjana in class XI and also to provide hostel facility, failing which appropriate further legal action shall be taken against the school. Director of Education is also called upon to take appropriate action against the school failing which appropriate legal action shall be initiated also against the Director of Education.
Kusum Sharma, Advocate
President, Social Jurist