Showing posts with label Education of Deaf Children. Show all posts
Showing posts with label Education of Deaf Children. Show all posts

Tuesday, December 12, 2017

All Deaf Students, GLNS Deaf School Vs. Deptt of Social Welfare | Case No. 4/707/2014-Wel/CD/ 3322-23 | Dated: 11.12.2017





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, Email: comdis.delhi@nic.in
[Vested with powers of Civil Court under the
Rights of Persons with Disabilities Act, 2016]

Case No. 4/707/2014-Wel/CD/ 3322-23                                      Dated: 11.12.2017

In the matter of:

All Deaf Students,
GLNS Deaf School Hostel,
GLNS School Complex,
Ferozshah Kotla,
Delhi Gate, New Delhi-110002                                                       .……… Complainant     

                                                                          Versus
The Director,
Department of Social Welfare,
GLNS Complex, Delhi Gate,
New Delhi-110002.                                                                                …...…Respondent
 

ORDER

            The above complaint dated Nil and without the name and signature of the complainant was received from the Court of Chief Commissioner for Persons with Disabilities on 25.08.2014.  In the complaint, it was alleged that in the Hostel of GLNS School, the quality of food was very bad,  the cook behaved rudely   with the students. If they complained to the Principal, Smt. Laxmi, they were threatened by the Chowkidar Sh. Ram Kishan.  It was further alleged that the rooms and toilets in both girls and boys hostel were damaged and not cleaned properly.  Sh. Ram Kishan and his wife did not  do their duties and  the Principal took no action against them.  It was further stated that Sh. Ram Kishan illegally occupied the quarter and used it for his relations.

2.         The complaint was taken up with the Department of Social Welfare vide communication dated 29.08.2014. The Department of Social Welfare vide letter dated 16.09.2014 informed that a surprise inspection of the hostel premises was conducted on 15.08.2014.  Some lapses / mis-management was observed.  An explanation of the Principal / Vice-Principal of the school was called.  Action in the matter was being taken. The then Commissioner for Persons with Disabilities also heard the matter on  12.02.2015, 06.04.2015 & 05.05.2015 and the Department was directed to submit a status report by 04.08.2017.  The Department vide letter dated 07.09.2017 submitted the following ATR / status report:

“1.  Periodic  Inspections of the hostel and school premises is conducted by DSWO (Central) & Dy. Director (Schools).
  2. Principal/HOO frequently checks  the adequacy and quality of food. It is also ensured that food supplied to the students is as per menu, is checked and tasted by the Teachers Committee. The Committee also ensures the cleanliness of hostel rooms, gallery, Staircase, washroom, etc.
3.  School Committee of four member’s i.e Mr. Shashi Saxena, Mr. Murli Singh, Mr. Makhan Lal Meena, and Mrs. Nidhi has been constituted for overall checking, verifying observation and up-liftment of hostel facilitates. Committee members daily check school & hostel and school environment. The suggestions given by the Committee members are followed by the school authorities.
4.  Hostel Wardens and junior Matron regularly check the rooms and toilets of both the boys and girls. They also ensure the food quality provided in the mess.
5.  Presently all the students who resides in the school hostel for GLNS School along with their parents appreciates about hostel cleanliness, food and other facilities.
6.  Now lodging and boarding facilities in the hostel is appropriate for residing the students.
7. Staircase, corridors, gallery of the hostel for both boys & girls. Adequate amount of phenyl and other material were suitably provided.
8.  Nutritive food facilitates along with milk & fruits are also provided in morning, breakfast, lunch, refreshment, dinner and milk after dinner to each student. Menu of the food items is changed regularly and according to need and demand of the residing students.
9.  Now security guard in night is also provided both in girls and boys hostel.
10. There is no evidence against the charges against the cook.
11. All the basic facilities of boys and girls are provided according to their needs.
12. Now overall hostel facilities have improved and facilities are better in the hostel for students of GLNS, Delhi Gate.
13. CCTV Cameras are also installed in the school and hospital premises including kitchen area.
14. Complaint register is also being maintained for hostel students for any problem.”


3.         The complainant did not pursue the matter thereafter. In view of the above mentioned measures taken by the respondent, the complaint is closed and disposed of accordingly.

4.           Given under my hand and the seal of the Court this 11th  day of December,2017.     

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

Saturday, December 9, 2017

Ravindra Mohan Gupta Vs. Dte of Social Welfare | Case No. 4/1605/2017-Wel/CD/3318-19 | Dated: 08.12.2017




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, Email: comdis.delhi@nic.in
[Vested with powers of Civil Court under the
Rights of Persons with Disabilities Act, 2016]

Case No. 4/1605/2017-Wel/CD/3318-19            Dated: 08.12.2017

In the matter of:

Sh. Ravindra Mohan Gupta,
Secretary, Association of Ex.Student of Lady Noyce Deaf School,
Flat No. 4/20, Starlite Apartment,
Sector-14 Extnsion, Near Rohini Court,
Rohini, New Delhi-110085.                            .……… Complainant     
                                                 
Versus

The Director,
Directorate of Social Welfare
Govt. of NCT of Delhi,
GLNS Complex, Delhi Gate,
New Delhi-110002.                                           …...…Respondent


Date of hearing:     23.10.2017, 05.12.2017
Present                   Sh. Ravindra Mohan Gupta,   Complainant.
Sh. Rukhsar Ahmad Khan, Assistant Director, Estate on behalf of Respondent.

                   ORDER

          The above named complainant vide his complaint dated 13.01.2017 received through the Court of Chief Commissioner for the Persons with Disabilities vide their letter dated 28.04.2017 submitted that the respondent Department had not vacated the premises of Lady Noyce School for the Deaf, Delhi Gate despite the fact that the Court of Chief Commissioner had forwarded their earlier representations dated 16.05.2013 and 10.06.2013 to the Social Welfare Department.  They had also not received any comments/response/information and therefore, the complainant requested to take strong steps to remove the unauthorised occupation. 

2.      The complaint was taken up vide communication dated 31.05.2017 with the respondent who vide letter dated 21.06.2017 submitted as under:

“The Department of Social Welfare has been making its sincere efforts towards amelioration of downtrodden and marginalized section of society through various institutions, scheme and services.  Persons affected with Deafness are always on priority and therefore for their specific needs following institutions have been established by the Department-

          Details of School/Institution established by the Department of Social Welfare for Deaf:

Sl. No.
Name of the School Institutions with year of establishment
Sanctioned Capacity
If transferred or relocated to new location than date and address
1.
GLNS for Deaf
1959
550
Primary & Pre Primary School classes transferred to Nehru Vihar Delhi-54 on dated 16.07.2011
2.
NPS for Deaf
1981
100
Transferred from GLNS to Mayur Vihar Phase-I in the year 2002
3.
School for Mentally Retarded Children 1981
50
Transferred from GLNS to Mayur Vihar Phase-I in the year 2002
4.
NPS for Deaf, Kalkaji 1987
100

5.
Govt. NPS for Deaf(Sewa Kutir) 1987
100
Transferred from Sewa Kutir to Rohini on dated 23.04.2001
6.
NPS for Deaf Nehru Vihar transferred from GLNS on 16.07.2011
250
Primary & Pre Primary School classes transferred from GLNS to Nehru Vihar, Delhi-54 on dated 16.07.2011

          It is quite evident from the above information that the Govt. Lady Noyce School for the Deaf was established with separate Hostel facilities or Boys and Girls in the year 1959 with the capacity of 550 students.  Further in the year 1981 Nursery Primary School for Deaf and School for Mentally Retarded Children were started in the GLNS Complex.

Alleging that Department of Social Welfare has occupied the GLNS building at Delhi Gate is not correct.  It will be surely appreciated that Govt. Lady Noyce School is not a separate entity but a part of Department of Social Welfare.  Department is very sensitive and do understand the specific needs of Deaf and therefore for smooth functioning of Govt. Lady Noyce School, department has established aforesaid schools at different locations for the convenience of deaf children so that they should not commute long distance.”


3.      The matter was thereafter heard on 23.10.2017.  During the hearing, the complainant vehemently contented that the premises of the Govt. Lady Noyce School, GLNS Complex, Delhi Gate belongs to the school and not to the Social Welfare Department.  Some of the reasons why the Social Welfare Department should shift from the said premises, as highlighted by him, are as under:-

(i)      Occupation of a substantial area by the Social Welfare Department leaves little space for the students with hearing impairment for classes, play and other extra-curricular activities.  The school is forced to teach 45-50 students in one class while the prescribed pupil - teacher ratio should be 8 to 1.
(ii)     Because of the movement of visitors/officials in the Office of Social Welfare Department, there are issues of security.  It also distracts the attention of the students from studies. 
(iii)        The ambience of the school environment itself gets destroyed because of the presence of large number of persons and activities in the office premises. 
(iv)   The academic and life skills learning of the children with hearing impairment who have been shifted to Nehru Vihar gets affected adversely.

4.      The Principal of the school also supported the above grounds for shifting the Social Welfare Department from the GLNS Complex.

5.        The complainant further submitted  that the Department has been promising to vacate the premises for many years but they have neither been given any assurance in writing nor the premises has been vacated.  This, according to him, has infringed the rights of children with hearing impairment for whom the said land and building was donated by Lady Noyce.

6.      Department of Social Welfare was advised to find a solution to the issue keeping in mind the needs and  rights of children with hearing impairment for whom  the institution has been set up and a report be submitted by 30.11.2017.

7.      On the next date of hearing on 05.12.2017, a copy of the letter dated 22.11.2017 submitted by Dy. Director (Estate), Department of Social Welfare was handed over to the complainant to enable him to respond.  The contents of the said letter are identical to the letter dated 16.02.2017 addressed to the complainant and the letter dated 21.06.2017 addressed to this court.  The respondent Department has contended that Govt. Lady Noyce School is not a separate entity but a part of Social Welfare Department and that the Department is very sensitive and does understand specific needs of persons with deafness.  It has further been stated that other issues mentioned in the Record of Proceedings dated 23.10.2017 are administrative in nature and are being considered at administrative level in the Social Welfare Department. 

8.      The representative of the respondent explained the process of allotment of land in Delhi and stated that Social Welfare Department does not have its own land pool.

9.      The complainant reiterated his written submissions as summarised in the Record of Proceedings dated 27.10.2017.  He strongly felt that the presence of the offices of Social Welfare Department within the Campus of the school does affect the academic environment which should be appreciated in the right perspective by the concerned authorities.  Similarly, the distance that the children need to travel to Nehru Vihar from the hostel at Delhi Gate also adversely effects the education of the smaller children of primary section. 

10.    The complainant reiterated that the land was donated by Lady Noyce for education of children with deafness and not for using it for any other purpose much less for setting up the administrative offices.  Therefore, such an arrangement should not be allowed to continue for indefinite period.  He believes that the suggestion to shift the Social Welfare Department to Nehru Vihar building and to shift the deaf children to Govt. Lady Noyce School, Delhi Gate is the most practical solution in the current circumstances where, as per the Department, it does not have any other space/building to shift.  He however, mentioned that 1 Canning Lane, from where the Department of Social Welfare was earlier functioning, would be more appropriate and convenient, as it is centrally located.  At this point the representation of the respondent clarified that the premises at 1 Canning Lane is presently occupied by Women and Child Department and it does not belong to Social Welfare Department. 

11.    When the complainant was asked whether he/the organisation ever approached the concerned authorities such as Secretary/Director, Social Welfare, he stated that he and other representatives of the organisation did meet various functionaries of the Department but it has always been a problem understanding the conversation due to unavailability of Sign Language Interpreter during the meetings.   

12.    In the facts and circumstances of this case and upon going through the submissions of the parties.  It is felt that the issues concerning the quality education of children with deafness in a mixed environment need to be addressed professionally and urgently.  The issues pertaining to teacher pupil ratio, the commuting distance impacting the education and well being of young children, congenial learning environment in the school should be addressed and decided by the Department of Social Welfare on the recommendation of an expert committee comprising at least three professionals in education of children with hearing impairment.  One of the expert professionals should be the nominee of Ali Yavar Jung National Institute of Speech and Hearing Disabilities, Department of Empowerment of Persons with Disabilities and none of the Committee members should be a member/employee of an organisation that is in receipt of any grant-in-aid from Social Welfare Department.  While giving its recommendations, the Committee shall ensure that interests of the children and their education remain paramount.  The decision taken in the matter be intimated to this Court within 3 months from the date of receipt of this order under intimation to the complainant as required u/s. 81 of the Rights of the Persons with Disabilities Act, 2016. 

13.    As regards the allegation of illegal occupation of the premises by the Department, the complainant has not submitted any supporting documents.  In any case, State Commissioner is not the appropriate forum for resolution of such matter.

14.    Although it is not the subject matter of this complainant, it will be in the fitness of things for me to take note of the statement of the complainant during the course of hearing about the difficulty he faced in communicating with the officials in the absence of Sign Language Interpreters.  I, therefore, advise the respondent Department to ensure availability of sign language interpreter whenever there is a meeting, conference, workshop, training in which persons with deafness are the participants.  It is also recommended that a pool of Sign Language Interpreters be created whose contact details should be available in the website of the Department to facilitate availing of their services as and when required.  Appropriate directions should also be issued to all the Departments/ Organisations/ local bodies in the NCT of Delhi to ensure Sign Language Interpretation services in all the meetings, conferences, workshops, training which are attended by persons with hearing impairment and at Reception Counters etc.  Assistance of Indian Sign Language Research and Training Centre functioning under the Department of Empowerment of Persons with Disabilities, Govt. of India may be sought, if necessary.  Action taken in this regard also be intimated to this Court within 3 months of receipt of this order. 

13.       The complaint is disposed off accordingly

14.     Given under my hand and the seal of the Court this 8th day of December, 2017.                                     


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