Ms. Himanshi on behalf of Ms. Ishita Saini & Anr Vs. Dte of Education & Anr | Case No. 225/1041/2018/05 /1463-1466 | Dated: 26.03.2019

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, Email: comdis.delhi@nic.in

[Vested with powers of Civil Court under the

Rights of Persons with Disabilities Act, 2016]

Case No. 225/1041/2018/05 /1463-1466                                          Dated: 26.03.2019
Case No. 463/1033/2018/08/1463-1466        

In the matter of:

Ms. Himanshi on behalf of Ms. Ishita Saini,
25, Shanti Vihar,
1^st Floor Karkardooma,
Delhi-110092,
New Delhi-110003                                                ……Complainant No. 1

Sh. Ajay Kumar Saini F/o Ms. Ishita Saini
25, Shanti Vihar,
1^st Floor, Karkardooma,
Delhi-110092                                                        ……Complainant No. 2

                                                Versus

The Director,
Directorate of Education,
Old Secretariat,
New Delhi-110054                                                …..Respondent No. 1

The Principal,
B.V.M School,
Block D, Ram Vihar, AnandVihar,
New Delhi-110092                                                …..Respondent No.2

ORDER

Ms. Himanshi and Sh. Ajay Kumar Saini vide their complaint received on 12.03.2018 and 28.08.2018 respectively, alleged inter-alia that Bhai Parmanand Vidya Mandir detained Ms. Ishita Saini, a child with 40% specific learning disability, in class 9 in academic year 2016-2017 and in 2017-2018, she was given compartment.  She also failed in Mathematics.  In both the complaints, they requested for exemption from Mathematics.  In the complaint of Sh. Saini, it is also submitted that they had given an application for taking up with CBSE for exemption.  However, the school did not send the same to CBSE.  Both the complaints were registered separately and were taken up with the respondent vide notice dated 28.06.2018 and 19.09.2018 respectively.

2.      After receipt of the replies from the respondents, it revealed that Ms. Himanshi and Sh. Ajay Kumar Saini are the parents of Ms. Ishita Saini and both the cases are therefore being disposed of by this order.

3.      Sh. Ajay Pal Singh, Principal of the school vide letter dated 30.07.2018 inter-alia submitted,in terms of CBSE’s Circular no. CBSE/COORD/112233/2016 dated 24.01.2017, the students with visual and hearing impairment, Spastic, Dyslexic, Autistic and candidates with disabilities as defined in The Rights of Persons with Disabilities Act, 2016 have the option of studying one compulsory language as against two.This language should be in consonance with the overall spirit of the three language formula prescribed by the Board.  Besides one language, any four of the following subjects are to be offered:

“1:Mathematics, Science, Social Science, another language, Music, painting, Home Science, Foundation of Information Technology, Commerce (Elements of Business), Commerce (Elements of Book Keeping and accountancy), E-Publishing and E-Office (English), E-Publishing and E-Office (Hindi), Information and communication Technology (ICT-166), any one out of Retail (NSQF) and Information Technology (NSQF).”

2:That at present, the followings subjects as referred above are not available in the school for the student of class X:

“Another Language, Music painting, Home Science, Foundation of Information Technology, Commerce (Elements of Business), Commerce (Elements of Book Keeping and accountancy), E-Publishing and E-Office (English), E-Publishing and E-Office (Hindi), Information and communication Technology (ICT-166), any one out of Retail (NSQF) and Information Technology (NSQF)”.

4.      It has further been submitted that the position was explained to the parents of Ms. Ishita Saini.  However, they were insisting to choose the subjects which were not available in the school.  DDE-Distt East vide letter dated 27.12.2018 also submitted that the school had already requested CBSE for exemption of Mathematics in the 10^th board examination and for providing additional subject in lieu thereof.  Sh. Ajay Kumar Saini, vide his email dated 20.02.2019 informed that the request has been rejected and therefore he wished to withdraw the complaint.  Sh. Ajay Kumar Saini and Sh. A.P. Singh, Principal of the School when contacted, clarified that since the school does not have the alternative subjects that Ms. Ishita Saini has opted for, the CBSE had to reject the request.

5.      While the complaints are disposed of,it is recommended that wide publicity and counselling of the children and the parents should be ensured about the instructions of CBSE from time to time so that a well informed decision is taken by the children about the alternative subject well in time and they do not suffer any disadvantage.  The complainant is also advised to help Ms. Ishita Saini take a decision about the subject in lieu of Mathematics well in time and admit her in a school where the subjects of her choice are available.

4.      Given under my hand and the seal of the Court this 25^th day of March, 2019.

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