Delhi HC notice to NDMC on class 10 student's plea seeking special educator
Oct 14, 2022
New Delhi [India], October 14 : The Delhi High Court on Friday issued notice to New Delhi Municipal Council (NDMC) and Delhi Government on a plea moved by a mentally-disabled class 10 student seeking directions to provide him with a special educator.
Justice Sanjeev Narula on Friday while seeking a response from respondents, directed NDMC to immediately make arrangements for Special Educator in school. The court fixed November 4, 2022 as the next date for the hearing.
Advocates Ashok Agarwal and Kumar Utkarsh appearing for the petitioner informed the court that besides the petitioner, there are several other disabled students also in school whose education is affected in absence of a Special Educator.
"NDMC is required to have at least two special educators in each of their schools in terms of Delhi High Court Division Bench judgment dated September 16, 2009 in Social Jurist PIL", the lawyers submitted.
The petitioner student sought to provide direction to the respondent NDMC to recruit/post a minimum of two special educators in all the schools run by it.
Shivam Singh, the petitioner, suffering from a 50 per cent mental disability, stated that he is facing difficulty in grasping education, therefore, since 2019 he has been continuously requesting the respondent school to provide him with a special educator to give proper attention to him but all in vain. He was admitted to Class 3 in the respondent school in the academic year 2015-16.
The plea also submitted that after failing to persuade the respondent school to provide him with a special educator, the petitioner served respondent NDMC with legal notice dated October 11 to the respondent school and respondent Director of Education but no response has been received so far.
Petitioner stated that impugned actions/inactions on part of the respondents are in violation of the fundamental right to education of the petitioner as guaranteed to him under Articles 14, 21 and 21-A of the Constitution of India read with provisions of Right of Children to Free and Compulsory Education Act, 2009 and Rights of Persons with Disabilities Act, 2016 and contrary to the law laid down by the Delhi High Court in several Judgements.
