The Delhi High Court has recently directed a Kendriya Vidyalaya (KV) at Noida to provide uniforms free of cost, and waive the computer fee for a student who is 75 per cent visually impaired. The cost of transportation is also to be borne by the school.
This direction has been passed on a petition filed on behalf of a Class 6 student studying at KV seeking a grant of books, learning materials and assistive devices along with other facilities as provided under the Rights of Persons with Disabilities Act, 2016.
The High Court passed the direction on December 12 and said that the facilities such as uniforms, computer fees and transportation costs are all covered under the statute. In the opinion of this court, these constitute basic facilities for a child such as the Petitioner.
Justice Prathiba M Singh said, “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.
The court directed that the school shall provide uniform free of cost within a period of two weeks to the Petitioner. Insofar as the computer fee is concerned, since it is only Rs 100, the same shall be waived, it added.
“Insofar as transportation cost is concerned, since the school is stated to not provide any transportation facilities, on the next date of hearing, the Counsel for the Petitioner would make a submission as to the transportation cost incurred by the Petitioner for travelling from his residence to the school and back, the court further directed.
The case of the Petitioner is that he requires learning material, assistive devices, laptop designed for the visually handicapped, a uniform, a transportation cost waiver, computer fees waiver, etc as per the RPWD Act, 2016.
The said facilities were not being granted to the Petitioner by the school despite an order by the Chief Commissioner passed on 13 October 2020 and 22nd October 2020.
The Kendriya Vidya Sangthan and Kendriya Vidyalaya filed a status report stating that the facilities have been provided to the student. This fact was disputed by the counsel for the petitioner.
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