HC warns pvt school for denying admission to disabled child

A private school was today sternly told by Delhi High Court that it cannot be allowed to escape the legal mandate by keeping its door closed to a disabled child under the economically weaker section (EWS) category on the ground that he was studying in a municipal school.
The 7-year old boy, who was not only from EWS category but also differently-abled with a prosthetic leg, was denied admission by Siddharth International Public School, located near his residence in East Delhi.
"We are of the view that the appellant school cannot be allowed to escape from the statutory mandate merely on the ground that during the pendency of the writ petition, the boy was admitted in a local municipal school," a bench of Chief Justice G Rohini and Justice Sangita Dhingra Sehgal said while upholding the order of a single judge.

The division bench justified the decision of single bench which had come to the child's aid by dismissing the school's appeal against a decision of Motor Accident Claims Tribunal (MACT) which had allowed his mother's plea to admit her son.
The boy's mother had sought direction from MACT that her son be admitted to the school under the EWS category as he was unable to go to school due to financial condition of family.
In March this year, MACT had directed the school to admit the disabled boy in class 1 under EWS or disadvantaged group (DG) category for which 25 per cent seats are kept reserved, by giving him age relaxation.

This was upheld by the single judge, saying the boy was legally entitled to a seat in the institution.
Concurring with its single judge direction to the school, the division bench observed that "it is also not in dispute that the appellant school is located in the locality where the boy resides. Therefore, the single judge was fully justified in directing the appellant school to admit the boy in class one," the bench said.