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TMI Blog2012 (9) TMI 1233X X X X Extracts X X X X X X X X Extracts X X X X ..... ecognized by Directorate of Education (DoE), GNCTD and 779 recognized by MCD) and 258 aided recognized private schools (214 aided by DoE, GNCTD and 44 aided by MCD) in Delhi and most of them do not have the provisions of basic physical as well as academic infrastructure, including Special Educators as required for the education of the children with disabilities; b. that most of the schools are not even providing barrier free environment; c. that there are over 2 lakhs children with disabilities in Delhi and of whom less than 1% are in schools; d. that the failure on the part of these schools to have adequate physical and academic infrastructure in place for the education of the children with disabilities has resulted in violation of Right of Children to Free and Compulsory Education (RTE) Act, 2009 of such children as guaranteed under Articles 14,15,21, 21-A 38 of the Constitution of India read with the provisions of Delhi School Education Act, 1973, Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, U.N. Convention on Rights of Child (1989) and U.N. Convention on Rights of Persons with Disabilities (2008); e. that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ections in the judgment aforesaid, 926 posts of Special Educators have already been created to address the educational needs of visually impaired, hearing impaired, mentally or physically challenged students of the various schools of GNCTD and schemes for providing other facilities to them in the schools, have also been introduced. It is further pleaded that Section 3 of the RTE Act confers a right to free and compulsory education on every child of the age of 6 to 14 years and children with special needs are also covered under the provisions of RTE Act and all facilities are to be provided to them; that vide Circular dated 6th August, 2010 all recognized unaided schools have already been directed to remove architectural barriers from the school premises so as to facilitate the movement of disabled students under the provisions of Disabilities Act; that as per the provisions of RTE Act, private unaided schools are to be reimbursed expenditure in respect of children admitted under the EWS norms to the extent of per child expenditure incurred by the State or the actual amount charged from the child, whichever is less and all the facilities which the Government is required to and is pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ith the Government and Government should first direct the Government schools to provide more seats for children with disabilities and the Government schools have sufficient scope for enrolling all the children having disability; that when the Government, in spite of its vast resources and limitless financial backing, is still struggling to provide basic amenities in its schools, the private unaided recognized schools, the only sources of whose revenue is tuition fee from their pupil, should not be burdened with additional costs; that provision for physical and academic infrastructure for children with disability in the form of ramps, lifts and architectural changes in the existing building would require a huge investment and cannot be done immediately; that the private unaided recognized schools have in compliance of the Circular dated 6th August, 2010 already taken the initiative and a large number of schools have carried out substantive improvements and changes in their infrastructure to provide the facilities to children with disability; though, the need for Special Educators is admitted but their scarcity and high cost of hiring is highlighted; it is further stated that the sch ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Directors in this regard, qua the schools of GNCTD and MCD have already been issued, as aforesaid and informed to be also implemented. 13. The necessity for Special Educators in all schools stands admitted by the GNCTD as well as Action Committee in their respective counter affidavits. The counsel for the Action Committee however during the hearing urged that two Special Educators may not be required in all the schools in as much as all the schools may not even have children with disabilities and the recognized unaided private schools should be permitted to make appointments of Special Educators and provision for special aids on a need based basis. It is also argued that the schools be allowed to share the Special Educators amongst themselves. 14. The aforesaid plea has been opposed both by the counsel for the GNCTD as well the counsel for the petitioner. While the counsel for the GNCTD has contended that if such liberty is granted, the schools without incurring expenditure on the salaries of Special Educators would claim reimbursement per child as being paid to schools who employ such Special Educators, the counsel for the petitioner has contended that the absence of Speci ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pecial Educators. However, this would be subject to as aforesaid existing staff being surplus and being in a position to devote time with children with special needs. 17. We find merit in the contention of the counsel for the GNCTD that the deployment of Special Educators cannot be deferred till the admission of children with special needs and the schools have to be in a state of readiness and preparedness to receive children with special needs. 18. Reference at this stage may be made to the National Policy for Persons with Disabilities of the year 2006 of the Government of India. With respect to education for persons with disabilities the said Policy inter alia states:- II. B. Education for Persons with Disabilities. 20. Education is the most effective vehicle of social and economic empowerment. In keeping with the spirit of the Article 21A of the constitution guaranteeing education as a fundamental right and Section 26 of the Persons with Disabilities Act, 1995, free and compulsory education has to be provided to all children with disabilities up to the minimum age of 18 years. According to the Census, 2001, fifty-one percent persons with disabilities are illit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etition ought to have been allowed and directions sought issued but the Action Committee has raised some other pleas as to the expenditure on the works required to be carried out by schools to make their buildings barrier free and suitable for free movement of children with disability. It has been vehemently contended that the amount of Rs.1,190/- per child per month arrived at by the GNCTD is towards recurring expenditure only and not towards capital expenditure required to be incurred by the schools to make changes to their buildings. With reference to the provisions of the RTE and the Disability Acts it is contended that the responsibility and liability therefor is of the Government and the Government should reimburse the same. 20. The counsel for the GNCTD however has as aforesaid invited our attention to Section 19 of the RTE Act which requires all schools, as a condition for their recognition, to provide a barrier free access in their buildings. We are thus satisfied that such capital expenditure on making the school building and premises barrier free so as to allow free movement to children with disability has to be incurred by the schools from their own coffers and is no ..... X X X X Extracts X X X X X X X X Extracts X X X X
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