Tuesday, February 12, 2019

Virender Singh Vs. Dte of Education & Anr | Case No. 602/1111/2018/11/779-783 | Dated:11.02.2019




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
Phone-011-23216002-04, Telefax: 011-23216005,
[Vested with powers of Civil Court under the
Rights of Persons with Disabilities Act, 2016]

Case No. 602/1111/2018/11/779-783                            Dated:11.02.2019

In the matter of:

Sh. Virender Singh, Smt. Poonam and
Sh. Omkar Singh
N-34, Naveen Shahdara,
Delhi-110032.                                                          ..…… Complainant
    
Versus
The Director,
Directorate of Education,
GNCT of Delhi, Old Sectt.,
Delhi-110054.                                                         ...…Respondent No. 1

The Principal,
Rashtriya Virjanand Andh Kanya
Uchchatar Madhyamik Vidyalaya,
J-Block, Vikas Puri, New Delhi – 110018.            ……..Respondent No.2
 
Ms. Sangeeta Chopra,
President
(Rashtriya Virjanand Andh Kanya Society),
E-59, Panchsheel Park,
New Delhi – 110017.                                          ……..Respondent No.3

Ms. E. Chaudhary,
Secretary,
Rashtriya Virjanand Andh Kanya Society,
J-Block, Vikas Puri, New Delhi – 110018.           ……..Respondent No.4

Date of hearing:        22.01.2019
   
ORDER

          Sh. Virender Singh, Local Guardian of Ms. Bhawna, a person with blindness vide his complaint dated 27.11.2018 submitted that Km. Bhawna, an 11 year old girl is the daughter of his wife’s sister, who lives in Bulandshehar (U.P.).  She was admitted in Rashtriya Virjanand Andh Kanya Vidyalaya at Rajinder Nagar, New Delhi in Class-I in the year 2012.  On her promotion to Class-VI, she was shifted to Rashtriya Virjanand Andh Kanya Vidyalaya at Vikaspuri, New Delhi.  The society runs schools with hostel for children of Class-I to V at Rajinder Nagar and for children of Class-VI to Class-XII at Vikaspuri.   In August, 2018, the school authorities called them and informed that Km. Bhawna had been expelled from school as-well-as the hostel allegedly for stealing money without giving anything in writing.
2.       The complaint was taken up with respondents vide notice dated 03.12.2018 under the Rights of Persons with Disabilities Act, 2016, hereinafter referred to as ‘Act’. 
3.       The DDE, Zone-18 vide letter dated 17.12.2018 informed that Rashtriya Virjanand Andh Kanya Vidyalaya is a recognized govt. aided school.  Km. Bhawna was expelled from the school and the residential hostel facility on the ground of stealing money/theft.  The Principal of the School, Manager and Chairman of Managing Committee are the sole authority to maintain the school, building, accommodation, hostel facility, recreation and security of girl child.  He sought more time to examine the matter and to submit report after the approval of the competent authority.  As there was no response from the respondent no. 2, a hearing was scheduled on 04.01.2019.
4.       During the hearing, the complainant reiterated his written submissions and added that there was no complaint whatsoever about stealing or any misconduct by Km. Bhawna at Rajinder Nagar School during the past 5 years.  When they were called to the school, they pleaded with the concerned authorities for not expelling Km. Bhawna from the hostel but they did not get any relief.  It is not possible for Bhawna’s parents who live in Bulandshahar to make arrangements for sending her to the school.  It is not possible even for them to make commuting arrangement from Shahdara where they reside.
5.       Representative of Directorate of Education reiterated the written submissions and added that the Chairman and other functionaries of the school were called for meeting in the Dte. of Education to resolve the matter.  While the Principal went for the meeting, the Chairman and other functionaries of the society did not come even after repeated requests.  They have now been requested to indicate a convenient date for a meeting.  He also clarified that the Dte. of Education gives aid only for education of children in the school and not for the hostel. The Department has also not given any licence/permission for running the hostel.  It is the sole responsibility of the society to run and manage the hostel.
6.       Dr. Shamim, HoS submitted that she and Manager of the society have already given their reports to Deputy Director of Education, Zone-18, Vikaspuri in response to his letter dated 17.12.2018.  She submitted copies of letters dated 18.12.2018 and 20.12.2018 sent by the Manager and herself respectively to the Deputy Director of Education, Vikaspuri.  Both of them have opined that Km. Bhawna should be given one more chance as the school and the hostel are for children with visual impairment.  She also clarified that the hostel is being managed by a separate set of functionaries of the society.  She, as the HoS has no role whatsoever in the affairs of the hostel.  As per her knowledge, the hostel is being run and managed with private donations and there is no contribution of Government. 
7.       It was observed from the photocopy of the Daily Class Attendance Register that Km. Bhawna’s name appeared at S.No.5 and she was present upto 6th August, 2018.  Thereafter, she has been shown absent.  The complainant alongwith Km. Bhawna’s father approached all the functionaries of the school and the society to whom they could have access including the Secretary of the Rashtriya Virjanand Andh Kanya Vidyalaya Society. They were forced to take away the child.  They also approached Deputy Director of Education, Vikaspuri and Delhi Commission for Protection of Child Rights (DCPCR) but did not succeed in getting the child re-admitted in the hostel.  Her expulsion from the hotel effectively denied her the fundamental right to education for an allegation that had not even been proved.  The parents and the guardians were scared about the safety of the child. 
8.       After hearing the parties, it was observed that Rashtriya Virjanand Andh Kanya Vidyalaya Society was an essential party in the matter and therefore President and Secretary of the society were impleaded as Respondents No. 3 & 4 respectively.  They were directed to submit by 17.01.2019 why Km. Bhawna should not be re-admitted in the hostel and her parents/local guardians be informed well in advance so that she could reach hostel on 16.01.2019 and start her classes w.e.f. 17.01.2019 and also submit their version on the complaint dated 27.11.2018 of Sh. Virender Singh, Poonam and Omkar Singh and on the observations of this court alongwith the documents relating to the incident.   
9.       In the Record of Proceedings dated 04.01.2019, it was brought out that Km. Bhawna’s expulsion was prima-facie disproportionate to the alleged mistake inhuman and against the human rights.  It amounted to infringing her right to education under the Constitution and the Act.  The incident could also attract punishment for offences of atrocities under Section 92 of the Act which provides that whoever:-
(a) intentionally insults or intimidates with intent to humiliate a person with disability in any place within public view;
(b) assaults or uses force to any person with disability with intent to dishonour him or outrage the modesty of a woman with disability;
shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to five years and with fine.”
10.     Before the next date of hearing on 22.01.2019, a phone call was received that Km. Bhawna has been admitted in the Rashtriya Virjanand Andh Kanya Vidyalaya at Rajinder Nagar, New Delhi.  This was confirmed by the complainant when he was contacted.
11.     Although the relief sought by the complainant has been given, yet the way Km. Bhawna was treated by the Managers of Rashtriya Virjanand Andh Kanya Vidyalaya calls for soul searching by respondent no. 3 & 4.  The Management functionaries of the society have shown complete disrespect for the human rights and dignity of Km. Bhawna and her parents and the local guardians.  For the sake of argument, even if the theft were proved, the punishment awarded was highly disproportionate to the mistake alleged to have been committed.  An educational institution is expected to set standards of reformist approach rather than being vindictive and intolerant. It is sad to note that the management functionaries of a society and a school set up for girls with blindness have treated a girl child with blindness in such a manner and shown complete insensitivity and disrespect for the authorities of the Education Department by not responding and not complying with their request to attend meetings and have also failed to submit the status report as directed vide RoP dated 07.01.2019 thereby evincing their arrogance and disrespect for the authority created under the Rights of Persons with Disabilities Act, 2016 enacted by the Parliament of the country.  This is a serious matter which should be dealt with appropriately and accordingly, the following recommendations are made :
i)             Directorate of Education which is responsible for running the educational institutions in NCT of Delhi and is also providing grant-in-aid for education of children in the school, should issue an advisory/ warning to the management of Rashtriya Virjanand Andh Kanya Vidyalaya for abiding by the rules, regulations and guidelines for running a school/educational institutes.
ii)            The issue of giving license or permitting any individual or organization to run a hostel particularly for children with disabilities should be examined and appropriate norms and guidelines should be framed keeping in view  the issues and the concerns of children with disabilities particularly the girls with disabilities and provide for penalties for non compliance.
iii)          Respondent no. 3 & 4 should note that Section 89 of the Act provides for punishment for contravention of the provisions of the Act or Rules or regulations made thereunder.  Section 92 has provision for punishment for offences of atrocities and Section 93 provides for punishment for failure to furnish information/ documents.  The said sections are reproduced below:
“89. Punishment for contravention of provisions of Act or rules or regulations made thereunder.—Any person who contravenes any of the provisions of this Act, or of any rule made thereunder shall for first contravention be punishable with fine which may extend to `10,000/- and for any subsequent contravention with fine which shall not be less than `50,000/- but which may extend to `5,00,000/-.
92. Punishment for offences of atrocities.—Whoever,—
(a) intentionally insults or intimidates with intent to humiliate a person with disability in any place within public view;
(b) assaults or uses force to any person with disability with intent to dishonour him or outrage the modesty of a woman with disability;
.....shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to five years and with fine.
93. Punishment for failure to furnish information.—Whoever, fails to produce any book, account or other documents or to furnish any statement, information or particulars which, under this Act or any order, or direction made or given there under, is duty bound to produce or furnish or to answer any question put in pursuance of the provisions of this Act or of any order, or direction made or given thereunder, shall be punishable with fine which may extend to `25,000/- in respect of each offence, and in case of continued failure or refusal, with further fine which may extend to `1,000/- for each day, of continued failure or refusal after the date of original order imposing punishment of fine.”
12.     Taking a lenient view of the matter, the action against respondent no. 3 & 4 is not being recommended for contravention of the above provisions of the Act.  They are however, advised to be sensitive, humane and should respect the dignity and honour of a child with disability especially when they are in the business of education of girl children with blindness. 
13.     The complaint is disposed off.
14.     Given under my hand and the seal of the Court this 11th day of February, 2019.     







           (T.D. Dhariyal)
State Commissioner for Persons with Disabilities




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