Tuesday, May 1, 2012

Mother's International School fined Rs. 10,000 for refusing admission to a deaf child & ordered to provide free education until 18 years [Judgement Included]

 Dear readers,

Master Araav Porwal, a student with disability (hearing impairment) had applied for admission in the Mother's International School in January, 2010 and indicated the child had a disability. However, the list released by the Mother's International School did not feature the child's name. 

The child’s father requested the school vide his letter dated 20.01.2011 to the School Principal asking him to consider admitting the child under the category of “Disadvantaged Group” but School didn’t respond. 

When the child's father did not receive any reply, he wrote another letter to the Director and the Principal, bringing to their notice, the Notification dated 07/01/2011 issued by the Education Department of NCT of Delhi called the Delhi School Education (Free seats for Students belonging to Economically Weaker Sections and Disadvantage Group) Order, 2011.  The petitioner waited for a while, but did not receive reply from the authorities. 

Later, the reason, the school gave for this decision was lack of a special teacher/educator for the child and the fact that they had not handled such children so far.

On 08 Mar 2011, the father took up the matter with the Commissioner (Disabilities), Govt. of NCT of Delhi  who passed an Order dated 07 April 2011 instructing the school to admit in The Mother's International School. However, the school failed to respect the said order taking an obdurate stand that the provisions of the Act were not applicable to unaided private schools.

The petitioner thus filed a writ petition in the high court of Delhi, through Mr. Pankaj Sinha, Advocate of HRLN, for enforcing the order of the Commissioner for Persons with Disabilities regarding the admission of the petitioner Master Araav Porwal in the Mother's International School. 

Finally on 30 April 2012, the Hon’ble court presided by Justice Hima Kohli in its judgement not only directed the Principal as well as the school to give admission to the petitioner in class 1 of the school and provide the student education free of cost until the age of 18 years in light of the Persons with Disabilities Act 1995 but it also imposed the cost of Rupees 10,000 on them for delaying


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