Facilities Like Uniform, Computer Fee & Transportation Ought To Be Provided To Children With Disabilities At KV Schools: Delhi HC

The Delhi High Court has held that basic facilities such as uniform, computer fee and transportation costs ought to be provided especially at Kendriya Vidyalaya Schools to children with disabilities in order to ensure that they are not deprived of proper education.

The bench of Justice Prathiba M. Singh observed that under Rights of Persons with Disabilities Act, 2016 facilities such as uniform, computer fee and transportation cost should be provided to children with disabilities.

The Court was dealing with a plea of a minor child having visual impairment of over 75% who had sought grant of books, learning materials and assistive devices along with other facilities as provided under the Rights of Persons with Disabilities Act, 2016.

The case of the Petitioner is that he requires learning material, assistive devices, laptop designed for visually handicap, uniform transportation cost waiver, computer fees waiver, etc as per the RPWD Act, 2016.

The Petitioner had filed a complaint before the Chief Commissioner under the RPWD Act, 2016 seeking grant of the same.

However, despite the orders of the Chief Commissioner to provide the petitioner with the basic facilities, the facilities were not granted to the Petitioner.

Advocate Sanjay Kumar Singh appeared for the petitioner whereas Advocate Arunima Dwivedi with Advocate Akash Pathak appeared for Respondents.

The Court had directed Kendriya Vidyalaya Sangathan to file a status report regarding the compliance of the orders of the Chief Commissioner.

As per the said status report, various facilities were provided.

However, the counsel appearing for the Petitioner pointed out that till date, waiver of uniform fee, computer fee and transportation cost has not been made.

The Court noted 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 are government schools present all over the country, in order to ensure that children with disabilities are not deprived of proper education."

Thus the Court directed to provide the petitioner with uniform free of cost and also directed to waive the computer fee.

The Court directed filing of a status report regarding the measures that are to be taken in regard to the transportation cost and other facilities which are directed in terms of Sections 16 and 17 of the RPWD Act, 2016.

Cause Title- Manish Lenka v. Union of India & Ors.

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