In the
Court of State Commissioner for Persons with Disabilities
National
Capital Territory of Delhi
25-
D, Mata Sundri Road, Near Guru Nanak Eye Centre, New Delhi.
Phone-011-23216002-04,
Telefax: 011-23216005,
[Vested with powers of Civil Court under the
Rights of Persons with Disabilities Act,
2016]
Case
No. 673/1032/2019/01/797-98 Dated:
12.02.2019
In
the matter of:
Suo-Motu
Versus
The Director
Directorate
of Education, GNCTD
Old Secretariat Building, Civil Lines,
Delhi110054. Respondent
No. 1
The Principal,
Hazari Lal Public School,
Siraspur Road, Khera Kalan,
Delhi-110082. Respondent No. 2
Date
of hearing: 11.02.2019
Present: Sh. D.K. Tyagi, DDE Zone 10, Sh. Kapil
Kumar, Sr. Assistant, Sh. Ganesh Prasad, DDE (IEB), Sh. Vinay Bir Singh, OSD
and Dr. Mukesh Chand, OSD (IEB) for Respondent No. 1.
Ms. Kavita Rana, Vice Principal and Ms. Jyoti
Rana, Admission Incharge for Respondent no. 2.
ORDER
Based on news items
published in Indian Express on 03.01.2019 and Hindustan Times on 15.01.2019 that
the parents of a six year old boy with deafness did not admit him in Hazari Lal
Public School, Siraspur Road, Khera Kalan, Delhi allotted to him by Directorate
of Education as the school was not equipped to cater his needs, a suo-moto case
was registered under Section 80 of the Rights of Persons with Disabilities Act,
2016, hereafter referred to us the ‘Act’ and taken up with the respondents vide
show cause-cum-hearing notice dated 10.01.2019. A hearing was scheduled on
11.02.2019.
2. Ms
Kavita, vice Principal, Hazari Lal Public School vide her reply dated
02.02.2019 submitted that Master Lalit Kumar S/o Sh. Ram Kumar, a child with
special need was allotted to the school.
Neither the child nor his parents visited or reported to the school for
admission and hence he was mentioned “not reported” in the Directorate of
Education’s portal. The child/parent also
did not report to any staff member of the school nor was there any entry in the
Visiting Register. It has also been stated
that the school is well versed with various facilities and has a Special Educator
as per the directions of the CBSE and Directorate of Education. The question of denying admission to child did
not arise. Deputy Director, Directorate
of Education, North-West A, vide reply dated 01.02.2019 has also reiterated the
version of respondent no. 2.
3. During
the hearing, the representatives of the school added that they tried to locate
the child and found that he lives in the Sector 18, Rohini. However, the parents did not seem interested
in admitting the child in their school which is in a village catering to the
children belonging to lower income group.
4. Sh.
Ganesh Prasad, DDE (IEB) and Dr. Mukesh Chand, OSD (IEB) stated that the
parents of the child have also filed a petition in the Hon’ble High Court of
Delhi, which is pending. Directorate of Education through its District
Coordinator met the parents and informed them about the availability of Special
Educator in the school and also the transport allowance for a period of 10
months to be paid to the children with disabilities, if admitted in a
school. They were also informed that
sign language Interpreter would also be deputed, if required and that arrangement
for cochlear implantation is also being made. However, the parents have not admitted
the child in the school.
5. Since
the matter is pending before Hon’ble High Court of Delhi, the case in this
Court is closed.
6. Given
under my hand and the seal of the Court this 11th day of February, 2018.
(T.D. Dhariyal)
State Commissioner for
Persons with Disabilities
