GREAT VICTORY FOR CHILREN WITH DISABILITIES IN EDUCATION RIGHTS – DELHI HIGH COURT DIRECTS PVT SCHOOLS TO HAVE SPL EDUCATORS
In a landmark judgment of 5th September 2012 (copy made available today) in PIL (C.W. (C) No.4618 of 2011) filed by Social Jurist through Advocate Ashok Agarwal, a Division Bench of Delhi High Court has directed all the recognized aided and unaided private schools in Delhi to appoint Special Educators and to make their building/school premises barrier free so to provide free movement/access to children with disabilities. The Court has further directed the DOE, Government of NCT of Delhi to ensure compliance of the directions issued by it and to take action for de-recognition against the erring schools. The Court, however, granted time up to 31st March 2013 to the schools to, if not have already done, make their school premises barrier free/access free. The Court granted the said time having regard to the fact that Section 19 of the RTE Act has given three years from 1st April, 2010. The Court further granted time of two years to appoint Special Educators. However, schools where children with special needs are already admitted or will be admitted hereafter shall immediately make provision for Special Educators and further order that no school shall refuse admission to children with disability for the reason of not employing Special Educators or not providing barrier free access in the school premises.