2012 (9) TMI 1233 - HC - Indian Laws

Summary

Issues Involved:

1. Deficiency of requisite teaching aids for children with disabilities.
2. Non-availability of special teachers in unaided and aided private schools.
3. Obligation of schools to provide barrier-free environments.
4. Reimbursement of expenditure for unaided schools under the RTE Act.
5. Responsibility for capital expenditure to make schools barrier-free.

Summary:

1. Deficiency of Requisite Teaching Aids for Children with Disabilities:
The petition highlights the lack of necessary teaching aids and special educators in unaided and aided private schools in Delhi, causing children with disabilities to suffer. It is pleaded that most schools lack basic physical and academic infrastructure, including special educators, violating the Right of Children to Free and Compulsory Education (RTE) Act, 2009, and other legal provisions.

2. Non-availability of Special Teachers in Unaided and Aided Private Schools:
The petition argues that trained teachers, including those qualified in sign language and Braille, are essential for the education of children with disabilities. The Division Bench in Social Jurist, A Civil Rights Group Vs. Govt. of NCT of Delhi directed schools to ensure at least two special educators and necessary teaching aids for children with disabilities. The GNCTD has created 926 posts of Special Educators and introduced schemes for providing facilities to such students.

3. Obligation of Schools to Provide Barrier-Free Environments:
The petition asserts that schools must provide a barrier-free environment for the free mobility of children with disabilities. The GNCTD has directed recognized unaided schools to remove architectural barriers. The MCD has created 1741 posts of Special Educators and provided ramps and requisite toilets in newly constructed schools.

4. Reimbursement of Expenditure for Unaided Schools Under the RTE Act:
The GNCTD stated that u/s 12(2) of the RTE Act, unaided private schools providing free and compulsory elementary education are to be reimbursed for the expenditure incurred, up to Rs.1,190/- per student per month. The Action Committee contends that the reimbursement should cover both capital and recurring expenditures. However, the GNCTD maintains that its financial responsibility is limited to recurring expenditure.

5. Responsibility for Capital Expenditure to Make Schools Barrier-Free:
The Action Committee argues that the responsibility for capital expenditure to make schools barrier-free lies with the government. However, the court, referencing Section 19 of the RTE Act, concludes that such capital expenditure must be incurred by the schools themselves and is not reimbursable by the government.

Judgment:
The court directs all recognized aided and unaided private schools in Delhi to appoint Special Educators and make their buildings barrier-free by 31st March 2013. Schools must immediately provide for Special Educators where children with special needs are admitted and cannot refuse admission due to the absence of Special Educators or barrier-free access. The DoE, GNCTD, is to ensure compliance and take action against non-compliant schools. The petition is disposed of with no costs.