Case Summary:
Education: Complainant
submitted that a number of facilities were denied to their late son while he
was in school, that he was denied admission in any stream despite being the
recipient of the excellence in education award, and that the school hadn’t
recognized their son’s excellence even after his passing. Respondent No. 1
conducted an enquiry and issued a show cause notice to the school. Respondent
No. 2 denied the allegations made by the Complainant and submitted that she did
her best to provide a congenial environment to Master Anant Vohra. It was also
brought to notice that an earlier case had been filed before the Chief
commissioner for Persons with Disabilities in 2016, on which appropriate
directions were issued. The Court noted that as it had emerged during the
hearing, there is a need to take issues concerning children with disabilities
more seriously and with more sensitivity.
Order / Judgement:
In the Court of State Commissioner for Persons with
Disabilities
National Capital
Territory of Delhi
25- D,
Mata Sundari Road, Near Guru Nanak Eye Centre, New Delhi-2
[Vested with powers of Civil Court under the
Rights of Persons with Disabilities Act, 2016]
Case No. 4/1242/2016-Wel/CD/ 565-567 Dated:
24.05.2017
In the
matter of:
Smt. Rita Vohra,
146-B, DDA Flats, Gulabi Bagh,
Delhi-110007. ……… Complainant
Versus
The Director,
Directorate of Education,
Old Secretariat,
New Delhi-110054. …...…Respondent
No.1
The Principal,
R.B.Ram Roop Vidya Mandir Co-ed.
Sr. Secondary School,
Near Railway Under Bridge,
Shakti Nagar, Delhi-110007. …….Respondent
No.2
Date of hearing: 19.05.2017
Present Sh. Atul Vohra for the
Complainant.
Sh. Pramod Katiyar,
DDE & Sh. Pramod Kumar, DD on behalf of Respondent No. 1 & Dr. Rita
Devi, Officiating Principal on behalf of Respondent No.2.
ORDER
During the hearing on 19.07.2017, Sh. Atul
Vohra reiterated the written her submissions and submitted the following list
of facilities / accommodations that were denied to their Late son Master Anant
Vohra:
(i)
Proper sitting arrangement;
(ii)
Proper wash room facility;
(iii)
Medical facility;
(iv)
Writer facility;
(v)
Relaxation in class work /
home work and project work;
(vi)
Facilities in accordance
with the Ministry of Social Justice and Empowerment’s OM dated 26.02.2013;
(vii)
Clean environment in the
class room.
2. The
complainant also stated that because of untidy environment in the school, a snake had entered the class room which
frightened Master Anant. She also
pointed out that despite being winner of the excellence in education award,
2016 his son was not given admission in any stream in the school due to which they
were forced to take the TC. Shri Atul Vohra
also stated that the parents expected some recognition of their son’s excellent
academic performance despite his 82% disability atleast after his death by the school
like display of write up about him and his vision to assist “Stephen Hawking”.
3. Dr.
Pramod Katiyar, the representative of respondent no.1 submitted that after the
preliminary inquiry report dated 22.06.2016 of Dr. Dharmbir Singh, Principal of
Dhanpat Mal Virmani Sr. Secondary School on the complaint lodged by Smt. Rita Vohra, an
indepth inquiry committee was instituted through an inquiry committee
comprising Mrs. Kiran Chopra, Principal SKV (Malka Ganj), Sh. Devender Kumar,
Vice Principal (SBBM Shankracharya Marg) and Sh. Bhartendu Mishra, Spl. Edu.
Teacher (SBBM Shankracharya Marg) which submitted its detailed inquiry report
on 28.02.2017. Dr. Katiyar also stated
that he personally interacted with almost all the teachers in the school and
based on the detailed inquiry report of the committee as well as his
interactions, he has submitted an Action Taken Report to the Competent
Authority. A Show Cause Notice under the
provisions of DSEAR, 1973 has been issued to the said school and the reply of
the school is awaited. He also added
that the Directorate will support the case of children with disabilities and
the initiatives that may be taken by the School and the parents of Late Master
Anant Vohra.
4. The
representative of the respondent No.2 Ms. Rita Devi, the officiating Principal also
submitted response dated 19.05.2017, the contents of which are as under:
1.
I
have taken over the charge of officiating Principal w.e.f. 28.02.2015 ater the
sad demise of Late Sh. Ram Chander Dhankhar,
Ex-V. Principal.
2.
Master
Anant Vohra was admitted in this school in class VII in the year 2012-13 and
attended the school upto 21st march, 2016 i.e. the date of the last
paper of SA-II exam of class-X.
3.
On
the request of his mother Ms. Rita Vohra SLC was issued to him on
25.06.2016. The SLC was collected by Ms.
Rita Vohra herself on the same day.
4.
Master
Anant Vohra was a student of this school from 2012-16 and no complaint was ever
registered by him or his parents before the starting of SA-III, Examination of
Class-X, in March 2016.
5.
During
SA-II examinations facility of writer, extra time and presence of mother in the
school premises was provided to master Anant Vohra according to the CBSE rules
and regulations vide their letter dated 27.02.2016, 07.03.2016 and 14.03.2016.
6.
On
27.04.2016 Ms. Rita Vohra again submitted a representation to the Commissioner
for Persons with Disabilities And an enquiry was conducted by the Directorate
of Education, Delhi in this regard.
7.
Again
Ms. Rita Vohra filed a complaint in the Court of Chief Commissioner for Persons
with Disabilities, Sarojini House, Bhagwan Dass Road, ND under case No.
6237/1041/2016/D290.
8.
On
28.01.2017 another departmental enquiry was conducted by Mrs. Kiran Chopra
Principal, SKV Malka Ganj, Delhi.
Question of Mental and
Physical torture does not arise because keeping in mind the students condition
and considering his convenience and comfort a classroom and an examination room
near the ramp on the ground floor was allotted to him.
Further I would like to
inform you that as per the suggestions of the Enquiry Committee the toilet for
differently abled children and ramp has been now modified with railings and
holdings.
Hence the allegations made
by Ms. Rita Vohra are false, baseless and fabricated with motives best know to
her. The school authorities did not err
in any manner and extended maximum co-operation within permissible limits. Hence the undersigned may please be
exonerated from frivolous allegations being levelled by the mother of the
student.
5. Ms. Rita Devi also submitted that she on her part did her
best to ensure a congenial environment for Late Mater Anant Vohra and assisted
his mother who used to accompany him to the school and also sit with him in the
class.
6. From the papers submitted by the parties, it is observed
that the complainant had filed a complaint on the issue before the Chief
Commissioner for Persons with Disabilities also in April, 2016. The Chief
Commissioner vide order dated 01.09.2016 observed that the issue in the matter
was not involved relating to the violation of any provisions of the Act and
Government instructions but it was about creating barrier free environment,
awareness and sensitizing the people. After
hearing the parties, he directed as under:-
“(i) The
Respondent No. 1, Directorate of Education, Government NCT, Delhi is directed
to ensure that every child with a disability has access to free education in an
appropriate environment till he attains the age of 18 years, endeavour to
promote the integration of students with disabilities in the normal schools and
issue appropriate instructions to all the schools in this regard.
(ii)
The
Principal, R.B. Ram Roop Vidya Mandir Senior Secondary School, respondent no.2 is directed to ensure that appropriate
facilities/reasonable accommodation be provided to the complainant. She should
also issue instructions to staff to be sensible while handling with student
with disability.
(iii)
The
parents of the child are also directed to co-operate with school authorities so
that the school authorities can provide the support to children as per their
limitations.”
7. In view of the fact that the issues pertaining to denial of
facilities as mentioned in Para 1 of this order to late Master Anant had been looked into by the Chief Commissioner
for Persons with Disabilities and appropriate order was also passed. As emerged
during the hearing, there is need to take the issues concerning children with disabilities more seriously and with
greater sensitivity by all concerned especially by the school functionaries. As
was discussed during the hearing, the way forward for the parties at this
stage, when unfortunately late master Anant Vohra is no more, is to utilize their respective experiences of handling and
educating a child with severe disability like Late Master Anant Vohra, in a
more positive manner by working together to develop Sh. R.B. Ram Roop Vidya
Mandir Co-ed Sr. Secondary School as one
of the model disabled friendly school in all respects besides working towards
making the environment more congenial and equalizing for the children with
disabilities and creating awareness amongst stakeholders with a view to
bringing about positive and attitudinal changes.
The
matter is disposed of accordingly.
Given
under my hand and the seal of the Court this 24th day of May,2017.
(T.D. Dhariyal )
State Commissioner for Persons with
Disabilities
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