DELHI GOVT SPL SCHOOL DENIES ADMISSION TO 8 YRS OLD SPL CHILD

Dear Madam Chief Minister of Delhi,

It is most unfortunate and painful that a school meant for children suffering from hearing impairment has denied admission to a hearing impaired child in Class I without any valid reason. The Rajkiya Madhyamik Badhir Vidyalaya (Delhi Government Secondary School for Hearing Impaired Children run by the Department of Social Welfare at Sector-4, Rohini, Delhi-85 has refused to grant admission to 8-year-old Master Vicky even after repeated requests of the child’s mother. It is submitted that Master Vicky s/o Mrs. Kiran Singh r/o N-123/5, T-HUTS, Lal Bagh, Azadpur, Delhi is suffering from hearing disability. As per the Hearing Disability Certificate dated 01.08.2007 issued by Ali Yavar Jung National Institute for the Hearing Handicapped, the child suffers from Profound Sensorineural Loss with pure tone average of 95 % dB in the better ear. It is submitted that from the past one month Mrs. Kiran, the mother of the child, has been asking the authorities of Rajkiya Madhyamik Badhir Vidyalaya to give admission to her ward in Class 1 in the said school owing to Master Vicky’s hearing disability, but the school authorities have been refusing to take him in their school. Even after repeated requests the school has not paid any heed to the child’s right to education. It is interesting to note that the said school is a special school, run by the Delhi Government for the children with hearing impairment.


One can imagine that if a special child has not been admitted in a special school run by the Government, then what will happen to the children with disabilities seeking admission in mainstream schools run by the educational departments of Delhi Government and the MCD. It is needless to say that as per the existing law and government policies, every child with disabilities is entitled to, as a matter of right, admission in the mainstream schools. Mrs. Kiran Singh thereafter approached Mr. Ashok Agarwal, who had a telephonic conversation with a teacher of the said school namely Mr. Bhupinder (as at that time the Principal was not available) and was assured that the child will be given admission. However, the child has still not been admitted by the school. Mrs Singh has lodged a written complaint with the undersigned, the copy of which is attached with this letter.


It is also submitted that Mrs Kiran was employed as an unskilled worker in a factory earning average wages of Rs. 2000/- per month. It is unfortunate that she has even lost her job because of the fact that for the last one month she has been toiling hard to get her child admitted to the said school. It is submitted that such arbitrary attitude of the school by denying admission to a disabled child is not only unconstitutional but also contrary to the provisions of Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, the UN Convention on the Rights of Persons with Disabilities (2008) read with the provisions of Article 14 (right to equality), Article 21 (right to life with dignity), and Article 21-A (right to education) of the Constitution of India as well as the UN Convention on the Rights of the Child (1989), Salamanca Statement (UNESCO, 1994) and the National Charter for Children, 2003. We request you to kindly take the necessary action in this regard as soon as possible and make sure that Master Vicky gets admission in the said school in Class I. The arbitrary act of the school should be taken seriously and the erring officials should be taken to task.

With regards
Ashok Agarwal, AdvocateAdvisor-
Social JuristM: 9811101923