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. 4/1365/2016-Wel/CD/2497-2501 Dated: 30.10.2017
Case No. 4/1264/2016-Wel/CD
In
the matter of :
Ms.
Bhawna Arora,
A/1,
260 A,
Keshav
Puram,
Delhi-110035.
…………..Complainant
Vs
The
Principal,
St.
Thomas’s School,
Mandir
Marg, New Delhi-110001. ..................Respondent
Case
No. 4/1713/2017-Wel/CD
In
the Matter of:
Sh.
Jitender Kumar & Smt. Seema Kumar
R/o
5-A, DDA LIG Flats,
Motia
Khan, Paharganj,
New
Delhi-110002
Vs
The Director,
Directorate of Education,
Old Secretariat,
New Delhi-110054. ......................Respondent No. 1
The Principal,
St. Thomas’ School.
Mandir Marg, New Delhi-110001. ......................Respondent
No. 2
Dates of Hearing: 01.09.2017,
26.09.2017 and 11.10.2017
Present: Ms. Bhawna Arora
Complainant
Mrs.
A. Amos, Principal of St. Thomas School, Mrs. S. Devdas, Special Educator, Mrs.
M. Kapoor, Counsellor and Mr. Vinod Kumar on behalf of Respondent.
ORDER
Ms. Bhawna Arora vide her
email dated 09.05.2016 received through Sh. Pradeep Raj, General Secretary of Association
for Disabled People submitted that her daughter baby Sanvi Arora was studying
in 3rd Class in St. Thomas School, Mandir Marg, New Delhi. She has CP and Ataxia, her IQ is 78. She was detained in 3rd Class
without intimation to the parents. She
also complained about some other things like provision of writer, extra time,
etc. She submitted another complaint
dated 10.05.2016 which also was registered as case No. 4/1264/2016-Wel/CD.
2. The
complaint was taken up with Directorate of Education vide communication dated
18.08.2016 followed by reminders. Dy.
Director of Education, Zone-26, District New Delhi vide letter dated 03.06.2016
inter alia informed that as per the clarification sought from the school, Sanvi
Arora sits with Special Educator in class 1. The Academic work done by her is especially
designed to keep pace with her cognitive abilities. It was further stated that St. Thomas’ School
is committed to provide quality education to girl child since 1930 and it was
the first school to have the Special Educator and start a class for children
with special needs. The school has
employed three Special Educators and Sanvi had been detained. Vide letter dated 21.03.2017, Dy, Director,
Education added that Ms. Bhawna Arora had requested the school authorities for
fee concession and the management was pleased to grant 10% concession in the
annual charges which she had not availed.
The Principal of the school vide her letter dated 22.03.2017 also
submitted among other things that St. Thomas’ Girls Senior Secondary School, Mandir Marg, is
an unaided Christian Minority School and therefore, the provisions of RTE Act,
2009 are not applicable to it.
3. Upon
considering the written submissions of the parties, a personal hearing was held
on 01.09.2017. Smt. Seema Kumar Mother
of Ms. Haripriya Kumar, a child with 50% Cerebral Palsy who had submitted a
complaint dated 10.08.2017, registered as Case No. 4/1713/2017-Wel/CD also
appeared. Her case is also tagged.
4. The
complainant in case No. 4/1365/2016-Wel/CD and 4/1264/2016-Wel/CD submitted
that her daughter has now been shifted to the Senior Wing and most of the
issues mentioned in the email dated 09.05.2016 have been resolved. For example, school had made provision for a
helper, scribe is being provided, curriculum of the same level has been
modified, child is also participating in extra-curricular activities. However, the decision on 40% fee concession
which was being provided during the academic session 2016-17, has not been taken.
Consequently, she has not deposited the fee.
Smt. Seema Kumar also submitted the same. Therefore, both the
complainants requested that the school may be advised to extend fee concession
to their children till 12th standard.
5. The representative of the Respondent No.
1 submitted a letter dated 01.09.2017 alongwith the letter of St. Thomas’s
Girls’ Sr. Sec.School, Mandir Marg dated 01.09.2017. The said letter says that the management gave
40% concession in fee of Ms. Bhawana Arora’s daughter. The School is an unaided Christian Minority
School. The decision about the fee
concession has to be taken by the Management of the School. Therefore the school should be impleaded.
6. It was observed that the issues raised
by the complainant in her complaints registered as Case No. 4/1365/2016-Wel/CD
& Case No. 4/1264/2016-Wel/CD had already been resolved. The issue
regarding the fee concession raised by her during the course of earlier hearing,
which is also the subject matter of Case No. 4/1713/2017-Wel/CD, remains
unresolved. In view of this and submissions made on behalf of respondent No. 1,
Principal, St. Thomas’ Girls Sr. Sec. School was impleaded as respondent No. 2
and was advised to consider the matter on priority and submit the status on the
next date of hearing on 26.09.2017.
7. On
the request of Ms. Seema Kumar vide her letter dated 18.09.2017 in case No.
4/1713/2017-Wel/CD was closed as withdrawn.
8. Ms.
Bhawna Arora, the complainant in case No. 4/1365/2016-Wel/CD and
4/1264/2016-Wel/CD submitted that her daughter has been extended 40% fee
concession by the school. However, in
view of the request of the Principal of the school, another hearing was held on
11.10.2017.
9. Mrs.
A. Amos, Principal of St. Thomas’ School alongwith Mrs. S. Devdas, Special
Educator, Mrs. M. Kapoor, Counsellor and Mr. Vinod Kumar appeared to inform that
a separate section for children with special needs known as Prerna has been
functioning in the school since 1970. Some
of the children attend only the Prerna classes; but the school attempts to
enable all for inclusion. The school is
affiliated to the CBSE and recognised by the Department of Education. It is an unaided Christian Minority school. The Special Educators are registered with the
RCI. She further submitted that although
the school is not obliged to provide the fee concession to students under the
provisions of the law, the management takes a view on the request of
parents. In the case of Sanvi, the management
has decided to extend 40% fee concession on the request of the parents for the academic
year 2017-18. However, it is not
possible to commit for such fee concession beyond this financial year. The request for subsequent years will be
considered by the management on annual basis.
She made it clear that the school and the teachers do not ever involve
or even let children know about any such request by the parents. She also submitted that there is no discrimination
against the children or their parents on any ground. They make all efforts to involve the parents
of children with special needs in various co-curricular activities in the
school. The school continues to provide
opportunities to all children with disabilities besides making the best
possible arrangements for them. For
example, the school has invested substantial amount in setting up multimedia assistive
lab for use of children with special needs.
A specially Trained Instructor has also been appointed.
10. The
complainant reiterated her satisfaction with regard to the arrangements for her
daughter in the school.
11. In
light of the submissions of the parties as mentioned above, it is expected that
the school will continue providing the best possible facilities for quality
education to the daughter of the complainant and other children with
disabilities and of the standard that can be replicated else where in the country.
12. The
complaints are disposed off accordingly.
13. Given
under my hand and the seal of the Court this 30th day of October,
2017.
(T.D. Dhariyal)
State Commissioner for Persons with
Disabilities
No comments:
Post a Comment