The Delhi High Court, while noting that students with visual impairment face challenges in government-run schools, ruled that children with disabilities are entitled to basic facilities such as free uniforms, computer fees, and transportation costs, particularly at Kendriya Vidyalaya schools located throughout the country, to ensure they are not deprived of proper education.
Justice Prathiba M Singh made the observation while hearing a plea by a child, Manish Lenka, who suffered from 75 per cent visual impairment. Lenka sought a grant of books, learning materials, and assistive devices along with other facilities as provided under the Rights of Persons with Disabilities Act, 2016 (RPWD Act).
A Class 6 student, Lenka studies in Kendriya Vidyalaya, Noida, and his father is a daily wage technician who is unable to afford his educational requirements. Lenka sought to learn the material, assistive devices, laptops designed for the visual handicap, uniform transportation cost waiver, computer fees waiver, etc as per the RPWD Act.
The petitioner’s case is that despite orders of the Chief Commissioner, on October 13 and 22, 2020, the facilities were not granted to him.
As per the High Court’s order dated October 7, 2022, the Kendriya Vidyalaya Sangathan and the school had filed a status report on the compliance of the orders of the Chief Commissioner wherein they stated that all the items requested by the boy are being provided to him. It also stated that a scribe/ reader was also being provided to him during offline exams for the session 2021-22 and the same shall be done in the future as well.
However, the counsel for Lenka submitted that till date, waiver of the uniform fee, computer fee, and transportation cost has not been made and that he also requires an assistive device as prescribed by Doctor for Ophthalmic Sciences, AIIMS.
On perusal of Sections 16 and 17 of the RPWD Act, Justice Singh said, “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.”
“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”, the court held.
The single-judge bench gave the following directions:
· The school shall provide uniforms free of cost within two weeks and any expense incurred in respect of the same shall be reimbursed to the school by the Centre.
· The school shall waive the computer fee, as it is only Rs.100, and asked Lenka to submit the transportation cost incurred while traveling from his residence to school and back since the school does not provide the facility.
Furthermore, the court directed the Centre to file a status report on details of the steps taken with regard to transportation costs and other facilities, as directed in terms of Sections 16 and 17 of the RPWD Act. The court also sought a status report from Lenka on his requirement for an assistive device and listed the matter for March 22, 2022.
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