The school stated that the provision of reserving three per cent seats for disabled was not binding on it as it received no funding from government.
MUMBAI: Aditi Bansal (name changed) was thrown out of her Pune school in 2003 because her “physical state often caused a nuisance and embarrassment to other students and school surroundings”.
Lending support to Aditi, who is a paraplegic (paralysed waist-down), the Bombay High Court on Monday issued an interim order, directing the Pune-based Micky School to admit her to a suitable class in the academic session starting in June.
Hearing a petition filed by the school challenging a March 2004 order, passed by the Commissioner of Disabilities asking the school to admit Aditi to class IV, the court said educational institutes should encourage inclusion of the physically challenged children in mainstream schools.
Aditi, who was born with a spinal column disorder, and is paralysed waist-down, was admitted to Micky School in 1998 as a kindergarten student. The school alleged that her medical reports were not disclosed.
However, over the years, Aditi’s lack of control over her bladder and bowel movements became a cause of complaint from teachers and other students. The school’s petition alleged that her mother would disrupt the class and often change her clothes in the classroom.
In July 2003, the school administration sent a letter to Aditi’s parents informing them that Aditi would not be admitted to Class IV.
Aditi’s parents approached the education officer of the Pune Municipal Corporation, who directed the school to give the girl admission.
Sensing the school authority’s reluctance to take her back, Aditi’s parents approached the Disability Commissioner, who on March 11, 2004, directed the school to admit her and extend all facilities to her.
Challenging the order, the school stated that the provision of reserving three per cent seats for persons with disability under the Persons with Disability Act was not binding on it as it received no funding from the government.
“We have 16 handicapped students in our school. But Aditi needs special care which we cannot provide,” said school’s lawyer RG Ketkar.
Calling it arrogance on part of the school, Chief Justice Kshitij Vyas and Justice DY Chandrachud said private schools should also fulfil their social responsibility. Recounting his days in school when he had a differently-abled student as a classmate, Justice Chandrachud said, “Facilities like diapers and learning aides did not exist then. The boy’s presence helped other students learn about the difficulties faced by the differently-abled and taught us how to assist them.”
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