Delhi High court defends Kendriya Vidyalaya disabled student, calls for free uniform, transport

The court ruled the student should receive these advantages, noting these are "basic amenities" for children with disabilities who are protected by the Rights of Persons with Disabilities Act, 2016
File photo of Delhi High Court | (Pic: Express)
File photo of Delhi High Court | (Pic: Express)

The Delhi High Court stated children with disabilities should receive free uniforms as well as a waiver of computer and transportation fees to ensure they are not denied access to quality education at government-run Kendriya Vidyalayas after taking note of the difficulties faced by a student with visual impairment. The court ruled that the class VI student at Kendriya Vidyalaya in Noida should receive these advantages, noting that these are "basic amenities" for children with disabilities who are protected by the Rights of Persons with Disabilities Act, 2016.

On a petition filed by a student who has a vision impairment of more than 75%, the court issued the orders. According to his petition, his father, who works as a daily wager, cannot afford to pay for his schooling. “Facilities such as uniforms, computer fees and transportation costs are all covered under the statute. In the opinion of this court these constitute basic facilities for a child such as a petitioner,” said Justice Prathiba M Singh in an order passed on December 12, as reported by PTI

The judge at the High Court said, “Considering the recognition given to the rights of persons with disabilities, there can be no doubt that these facilities ought to be provided especially at Kendriya Vidyalaya schools which are government schools present all over the country, to ensure that children with disabilities are not deprived of proper education.” 

The petitioner informed the courts that he needed the learning materials, assistive devices and laptops that are designed for visually handicapped people. He also added that he needed uniforms, transportation cost waiver, computer fees waiver and so on under the Rights of Persons with Disabilities Act, 2016 but these facilities have not been provided to him by the school, stated the PTI report. 

The petitioner was asked to submit his arguments later regarding the transportation expenses he incurred for getting from his house to the school and back because the school does not offer transportation services. The court also ordered a waiver of the Rs100 computer fee. The court ordered the Centre to provide a status report outlining the steps that would be done to address the cost of transportation and other facilities that are mandated under Sections 16 and 17 of the Act.

The court also attempted to find the status of the petitioner's requirement for an assistive device and the school stated that they were extending various facilities to the petitioner and that a scribe was also provided to him during offline examinations for 2021-22. The school mentioned that a scribe will be provided to the petitioner in future examinations as well. The matter is now scheduled to be heard on March 22, as reported by PTI.

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