AIDED AND UNAIDED PVT SCHOOLS SANS SPECIAL EDUCATORS - SOCIAL JURIST WRITES TO DOE,GNCTD AND COMMISSIONER, MCD

To,

The Director of Education,

Government of NCT of Delhi,

Old Secretariat Building,

Civil Lines,

Delhi – 110054

14 June 2011

Dear Sir,

You may be certainly aware of the fact that almost all unaided and aided private schools in Delhi whether recognized by the Government of NCT of Delhi or by the Municipal Corporation of Delhi do not at all have both physical and academic infrastructure in their schools for the education of children with disabilities. For instance, Special Educators (Special Education Teachers) are very much needed for the education of children with disabilities and more particularly, for the children with disabilities suffering from visual impairment, hearing impairment and mental retardation. Unfortunately, all these schools sans special educators. These facts have even been verified on the basis of information having been gathered by us through the Right to Information Act.

Needless to say that children with disabilities have the Right to Education even through these unaided and aided private schools. Moreover, the fact that children with disabilities have been added in the definition of ‘Child belonging to the Disadvantaged Category’ within the meaning of Section 2(d) of the Right of Children to Free and Compulsory Education Act, 2009 vide your notification dated 07.01.2011 in terms of which they are entitled to be considered for admission and freeship in unaided recognized private schools to the extent of 25 % makes it more essential that the unaided recognized private schools must have both physical and academic infrastructure for the education of these children with disabilities. The present scenario is that these aided and unaided schools are avoiding or denying admission to the children with disabilities on the ground that they do not have physical and academic infrastructure for the education of these children. This is not only unfortunate but also illegal and unconstitutional.

Reference is made to a decision dated 16.09.2009 of a Division Bench of the Hon’ble Delhi High Court in case of PIL WP(C) No. 6771 of 2008 entitled Social Jurist, A Civil Rights Group v. Govt. of NCT of Delhi & Ors whereby the Hon’ble Delhi High Court directed state and local body run schools to have 2 Special Educators in each school. It is submitted that such directions deserve to be extended to all unaided and aided private schools of Delhi.

In terms of Rule 43 of Delhi School Education Rules, 1973, you are empowered to issue directions for implementation of the provisions of Delhi School Education Act, 1973.

It is, therefore, requested that directions may be issued to all aided and unaided private schools to ensure that they shall have atleast 2 Special Educators in each school for education of children with disabilities. Directions may also be issued to these schools to ensure barrier free environment for the benefit of Children with Disabilities.

With regards,

Ashok Agarwal, Advocate

Social Jurist, Advisor

M-09811101923