Delhi HC directs pvt schools to uphold inclusive education under RPwD Act

The Delhi High Court has directed GD Goenka Public School to reinstate a child with mild autism, ruling that the institution cannot deny her education after earlier admitting her under the sibling clause.

A bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela dismissed the school’s appeal, calling its objections “unfounded” and citing protections guaranteed under the Rights of Persons with Disabilities (RPwD) Act, 2016.

The court said that inclusive education must be upheld and private schools are obligated to provide reasonable accommodation.

The decision followed recommendations from an expert committee, led by an associate professor from IHBAS and including the school counselor and the child’s mother, which concluded that the student could continue in the school with the help of a shadow teacher.

The child, born in 2017, was admitted to the school in the 2021-22 session. She was diagnosed with mild autism later that year, but her parents’ request for a shadow teacher was not met when offline classes resumed in 2022.

Her studies were eventually discontinued in January 2023, though her fees continued to be paid.

The bench observed that “inclusive education” is about recognizing differences as a way to enrich the learning environment.

It emphasized that rights under the RPwD Act are “embodiments of human rights and have been conferred on persons with disabilities not only to ensure non-discrimination but also to provide space and opportunity for their inclusion in society.”

The court ordered GD Goenka Public School to readmit the student in Class I or another age-appropriate class within two weeks, with the provision of a shadow teacher.

It also directed the Directorate of Education to oversee the reintegration process and ensure the child receives a supportive and discrimination-free environment.