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]
1. Case No. 186/1031/2018/04/1871-1873 Dated:
15.04.2019
In
the matter of:
Sh.
Rajesh Kumar
M-77, Meteorological Complex,
Lodhi Road,
New Delhi-110003.
..…… Complainant
Versus
The
Director,
Directorate
of Education,
GNCT
of Delhi, Old Sectt.,
Delhi-110054.
......…Respondent No. 1
The
Principal,
Sanskriti
School,
Dr.
S. Radhakrishnan Marg,
Chanakyapuri,
New
Delhi – 110018. ....…..Respondent
No. 2
2. Case No. 187/1031/2018/04/ 1874-1876
In
the matter of:
Sh. Naresh Kumar Yadav,
F-6,
DMS Colony, Shadipur
West
Patel Nagar,
New
Delhi-110008. .........Complainant
Versus
The
Director,
Directorate
of Education,
GNCT
of Delhi, Old Sectt.,
Delhi-110054.
.....…Respondent No. 1
The Principal
Bal
Bharti School
Ganga
Ram Hospital Marg
New
Delhi-110060. ...…Respondent No. 2
ORDER
Case
No. 186/1031/2018/04 — Sh.
Rajesh Kumar vide his email dated 22.03.2018 and letter dated 08.4.2018
submitted that he applied for admission of his daughter Ms. Abharika Singh, a
person with 65% Cerebral Palsy online through Directorate of Education website
in 5 schools namely Sanskriti School, Spring-dales School, Morden School (Humayun
Road), DPS R.K. Puram, DPS Mathura Road.
None of the schools admitted her stating that schools were not equipped
with the facilities required for children with special needs. Directorate of Education also did not take
any action against the schools. He
requested for intervention of this Court and for instructing the schools to
admit his daughter in class I.
2. The
complaint was taken up with the respondents vide notice dated 04.04.2018 under
the provisions of Rights of Persons with Disabilities Act, 2016, hereinafter
referred to as “Act”. Deputy Director
(IEDSS), Department of Education vide letter dated 10.05.2018 informed that
matter had been taken up with Sanskriti School as per the request of the
complainant and action taken report was also sent to him. Subsequently, Ms. Abarika Singh was admitted
in DPS, Mathura Road.
3. Case No. 187/1031/2018/04—Sh.
Naresh Kumar Yadav, father of Ms. Nancy Yadav, a person with 40% visual
impairment vide his email dated 21.03.2018 submitted that he applied online for
admission of his daughter in CWSN category against open seats for admission to
KG class for academic session 2018-19 in Bal Bharti School, Ganga Ram Hospital
Road. The school did not reply even
after contacting them a number of times.
He also applied in the academic session 2017-18. She was denied admission in both the academic
years which is violation of Section 26 of Act and the Directorate of Education
circular dated 11.01.2019 and High Court order dated 14.01.2015 in contempt
petition. He requested that necessary
action for admission of his daughter in KG class in Bal Bharti School should be
taken.
4. The
complaint was taken up with the respondents vide notice dated 06.04.2018 after the
complainant submitted a copy of the disability certificate in respect of his
daughter.
5. Deputy
Director Education, Zone-II vide letter dated 08.05.2018 informed that Ms. Nancy
Yadav has been granted admission in class KG, Salwan Public School, Rajinder
Nagar.
6. Upon
considering the replies and rejoinders, both the cases were tagged and hearings
were held on 17.05.2018, 08.06.2018 and 21.06.2018.
7. During
the course of hearings, respondent no. 1 provided the following information
vide letter dated 06.06.2018:
|
S.No.
|
Information
Sought
|
Reply
|
|
1.
|
The process of admission of children with disabilities
and those with Bench Mark Disabilities from the stage of application for
admission to the stage of admission in the schools applied for.
|
The policy of non denial of admission is followed in Government and Government aided Schools of Directorate of Education, GNCTD.
|
|
2.
|
Whether a child with disability, who applies through
single window system, would be able to participate for admission against 25%
EWS/DG seats or He/She needs to make a separate application
|
Yes, he/she has to make a separate application for
admission against 25% EWS/DG category.
However Hon’ble LG has approved the proposal to reserve 3% seats for
admission of Children with Special Needs (CWSN) in private un-Aided schools
within 25% of EWS/DG Category quota earmarked under section 12 (1) (c) of RTE
act 2009. To give effect the approval
of Hon’ble LG it is required to issue a notification amending clause 3 (a) of
Delhi School Education (free seats for students belonging to economically
weaker sections and disadvantaged group).
Order, 2011 published vide notification no. 15(172)/DE/Act/ 2010/69
dated 07/01/2011 as amended up to date.
The draft notification amending the amended clause 3 (a) in line of
the approval of Hon’ble LG has already submitted to Law and Justice
Department, GNCTD for its vetting on 29.05.2018. After issue of amended notification fresh
applications in the category of CWSN under EWS/DG category shall be invited
for the year 2018-19.
|
|
3.
|
Whether a child with Bench Mark Disabilities between the
age of 6-8 years shall be ensured admission in a neighbourhood school of
his/her choice as required u/s 31 (1) of Right of Persons with Disabilities
Act, 2016.
|
Yes, a child with Benchmark disabilities between the age
of 6-8 years shall be ensured admission in a neighbourhood Govt. School of
his /her choice as required u/s 31 (1) & RPwD Act, 2016.
|
|
4.
|
If a child with Bench Mark disabilities is not able to
get admission against 25% of EWS/DG seats as well as 75% open seats Draw of
lots and all the sanctioned authorized Number of seats have been filled, how
will he/she be ensured his/her right of free education in a neighbourhood
schools of his/her choice as mandated by Section 31 of Rights of PWD Act,
2016.
|
A child with bench mark shall be ensured admission in a
neighbourhood Govt. school of his/her choice as required u/s 31 (1) &
RPwD Act, 2016. However in the case of
private schools, Delhi Persons with Disabilities Rules 2018 is under process
with Social Welfare Department/Nodal department, GNCTD and when notification
on this matter is issued it shall be complied with.
|
8. Principal,
Sanskriti School vide her reply dated 31.05.2018 submitted that the school
strictly follows and admits against 25% seats from EWS/CWSN category and has
already admitted 29% against the prescribed 25% for the academic year 2018-19 for
class 1. As per the details given in
annexure A-1 to the reply, out of 124 children admitted in Nursery, Prep. and Class
1st against EWS Quota, 3% were children with special needs. As requested by Directorate of Education to
allow a seat for the daughter of Sh. Rajesh Kumar in open category, the same is
not possible as there is no vacancy.
9. As
per Section 16 of the Act, Education institutions funded or recognized by the
Govt. and local authorities are required to provide inclusive education and
admit children with disability without discrimination. Section 31 provides that every child with
benchmark disability between the age of 6 to 18 years, shall have the right to
free education in a neighbourhood school or in a special school of his
choice. There is no provision in the Act
for reservation of seats for children with disabilities in school
education. However, not less than 5% of
the seats are to be reserved for persons with benchmark disabilities in Govt.
institutions of higher education and other higher educational institutions
receiving aid from the Govt.
10. The
order for reservation of 3% seats for children with disabilities was issued by
respondent no. 1 on 23.07.2018. Thereafter,
the names of children with disabilities were forwarded by the Directorate of
Education to the concerned schools for admission. By the time the process commenced for
operationalizing the mandate, much of the period of 2018-19 session was
over. The question of any shortfall or
improper implementation of the said mandate was also not brought up. Now that
the 2018-19 academic session is already over, no directions can be given to the
schools for admission at this stage. The respondents must ensure that 3% of the
seats are reserved for children with disabilities in Nursery, Pre-Primary/KG
and Class-I and they are admitted in the academic session 2019-20. This Court is confident that Directorate of
Education will be monitoring the compliance with their circular dated
11.01.2019.
11. The
complaints are disposed off.
12. Given
under my hand and the seal of the Court this 15th day of April,
2019.
(T.D. Dhariyal)
State
Commissioner for Persons with Disabilities
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