Delhi High Court: A Single Judge Bench of Prathiba M. Singh, J. directed Kendriya Vidyalaya to provide school uniform free of cost to the petitioner and waived off his computer fee and held that these facilities should be provided at least at Kendriya Vidyalaya, which were government schools, to ensure that children with disabilities were not deprived of proper education.
Background
In the present case, the petitioner was a minor child studying in Kendriya Vidyalaya and had visual impairment of over 75%. The petitioner’s father was a daily wage technician who was unable to afford the educational requirements of the petitioner, hence, filed a writ petition stating that he required learning material, assistive devices, laptop designed for visually handicap, uniform, transportation cost waiver, computer fees waiver, etc. as per the Rights of Persons with Disabilities Act, 2016.
The petitioner filed a complaint before the Chief Commissioner under the Act seeking a grant of the facilities as the same were not being provided to him. The Chief Commissioner ordered that the books, learning materials, uniforms etc. as provided for under Section 17(g) and 17(k) of the Act, free education under Section 31 of the Act and the facility of scribe/reader/lab assistant should be granted to the petitioner. However, the facilities were not granted to the Petitioner. Thus, the present writ petition was filed.
Submissions on behalf of the Petitioner
Counsel for the petitioner submitted that till now waiver of uniform fee, computer fee and transportation cost had not been made. Further, it was submitted that the fundamental responsibility under the Act was that of the Government and not of the school, Kendriya Vidyalaya.
Submissions on behalf of the Respondents
Counsel for the respondent submitted that transportation was not provided to the students by Kendriya Vidyalaya, thus, the waiver of transportation cost cannot be provided to the petitioner. Further it was submitted regarding uniforms that the parents were required to buy the uniform for the children, and the computer fee was only Rs. 100 per month.
Analysis, Law, and Decision
The Court opined that after perusal of Sections 16 and 17 of the Act, it was clear that facilities such as uniform, computer fee and transportation cost were all covered under the statute. The Court stated that these constitute basic facilities for a child such as the petitioner. The Court opined that “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 were government schools present all over the country, in order to ensure that children with disabilities were not deprived of proper education”.
The Court has directed Kendriya Vidyalayas to provide the uniform free of cost within two weeks to the petitioner and to waive the computer fee of Rs. 100. As far as the computer fee was concerned, it was waived as it was only Rs. 100.
The matter would next be listed on 22-3-2023.
[Manish Lenka v. Union of India, 2022 SCC OnLine Del 4403, decided on 12-12-2022]
Advocates who appeared in this case :
For the Petitioner: Advocate Sanjay Kumar Singh;
For the Respondent(s): Advocate Arunima Dwivedi;
Advocate Akash Pathak;
Advocate Pinky Pawar;
Advocate S. Rajappa.
