Children With Disabilities Entitled To Facilities Like Uniform, Computer Fee & Transportation In Kendriya Vidyalaya Schools: Delhi High Court

The Delhi High Court has said that children with disabilities are entitled to basic facilities such as uniform, computer fee and transportation cost in Kendriya Vidyalaya Schools under the Rights of Persons with Disabilities Act, 2016.

"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, in order to ensure that children with disabilities are not deprived of proper education," Justice Prathiba M Singh said.

The court was hearing a plea moved by a student studying in class VI at a Kendriya Vidyalaya in Noida, seeking grant of books, learning materials, assistive devices and waiver of transportation and computer fees as per the enactment.

It was the case of the petitioner that despite the orders passed by Chief Commissioner under the RPWD Act on October 13 and 22, 2020, facilities were not granted by the school.

The Chief Commissioner had held that books, learning materials, uniforms as well as free education and facility of scribe shall be granted to the petitioner.

A status report was filed by the Kendriya Vidyalaya Sangathan and the school indicating that all the items as requested by the petitioner were provided to the minor's father. The court was informed that a scribe or reader was provided to the minor during offline exams for the session 2021-22 and that the same shall be done in future also.

However, the counsel appearing for the petitioner apprised the court that the child was not given waiver of uniform fee, computer fee and transportation cost till date.

Perusing sections 16 and 17 of the RPWD Act, 2016, Justice Singh said: "A perusal of the said provisions show that facilities such as uniform, computer fee and transportation cost are all covered under the statute. In the opinion of this Court these constitute basic facilities for a child such as the Petitioner."

The court thus directed the school to provide uniform to the petitioner free of cost within a period of two weeks and also waived the computer fee.

"Insofar as transportation cost is concerned, since Respondent No.4 is stated to not provide any transportation facilities, on the next date of hearing, the ld. Counsel for the Petitioner would make a submission as to the transportation cost incurred by the Petitioner for travelling from his residence to the school and back," the court added.

Justice Singh also directed Centre to file a status report regarding the measures that are to be taken regarding transportation cost and other facilities which are directed in terms of sections 16 and 17 of the RPWD Act, 2016.

"If the Petitioner is not provided the requisite facilities as directed today, he is free to approach the Court by way of an application," the court said while listing the matter next on March 22, 2023.

Title: MANISH LENKA v. UNION OF INDIA & ORS

Citation: 2022 LiveLaw (Del) 1175

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