Criticising the stand of the Mothers International School in denying admission to a hearing-impaired child at the entry-level in the last academic session,the Delhi High Court has ordered the school to admit him in Class I now and pay Rs 10,000 fee.
The school had denied admission to the child for the session 2011-12 on the ground that his case was considered under the general category and he failed to qualify. Subsequently,when the parents sought a review of the decision,contending that the childs case was never considered under the disadvantaged group,eligible under the Right To Education Act,the school reportedly failed to respond.
Later,Commissioner for Persons with Disabilities,by his order in April last year,asked the school to grant admission to the child in view of the 2011 Delhi School Education order but the school replied that no such order could have been passed against an unaided private school under the Act.
On a separate request by the governments education department in July 2011,the school stuck to its stand that the Act did not obligate them. The boys parents then moved the High Court through Pankaj Sinha,a visually-impaired lawyer.
Deciding the petition,Justice Hima Kohli criticised the school for taking such a stand and said the approach of the school flew in the face of the aim and objective of the RTE Act and also the Delhi School Education Order.
Its conduct amounts to frustrating the rightful aspirations of children like the petitioner herein,who is disabled,being 100 per cent hearing-impaired,and whose parents had expressly stated in the admission form that they had sought the admission for their ward in the category of children belonging to the disadvantaged group, said the court.
It (school) cannot be permitted to shirk its responsibility now and seek refuge in the argument that since the academic year in question having passed,the petitioner cannot be granted any relief. The aforesaid stand of the school if accepted,would make a mockery of a well-intentioned beneficial piece of legislation and undo all the good that is intended to be achieved through it, said the court.
Therefore,the court said,the school must give admission to the child in Class I of the current academic session,2012-13,after completing formalities in two weeks.