Delhi high court orders GD Goenka to readmit autistic girl

The Delhi High Court ordered GD Goenka School to admit an autistic girl, affirming that private schools must accommodate children with disabilities under the RPwD Act.

Private, unaided educational institutions are legally bound to provide reasonable accommodations for children with disabilities under the Rights of Persons with Disabilities (RPwD) Act, the Delhi High Court ruled on Tuesday, ordering GD Goenka School in Model Town to admit an eight-year-old autistic girl within two weeks.

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A bench of chief justice DK Upadhyay and justice Tushar Rao Gedela delivered the verdict on GD Goenka’s appeal against a single-judge order that had earlier directed the school to readmit the child after it denied her admission under the children with special needs (CWSN) category.

The girl had first been admitted to the school in 2021 but was withdrawn by her parents in January 2023 after the school allegedly pressured them to do so and failed to provide adequate support. In the 2024-25 session, she was again allotted a seat under the CWSN category, but GD Goenka refused admission. A subsequent allotment at another private school in Pitampura was also denied, with no reasons disclosed in court records.

Aggrieved, her parents approached the high court through advocate Ashok Agarwal, seeking her readmission to class I. On July 1, justice Vikas Mahajan ordered GD Goenka to readmit her, holding that schools are “duty-bound to accommodate children with special needs under the Rights of Persons with Disabilities Act”. The school then appealed to the division bench.

Upholding Mahajan’s order, the division bench criticised the school’s refusal, saying it violated the Act, deprived the child of her legal rights, and ran contrary to the principle of “inclusive education.” The court said GD Goenka is obligated to assess the girl’s learning needs and adopt suitable teaching methods.

“The approach adopted by the appellant/school is in complete violation of various mandates embodied in RPwD Act, which also denies the child her rights available under the said Act… RPwD Act, 2016 has been enacted by Parliament with the purpose and object of empowering persons with disabilities and ensuring respect for their inherent dignity, individual autonomy, non-discrimination, full and effective participation and inclusion in society,” the bench observed.

It added, “It is also noticeable that such a mandate as contained in Section 16 of the RPwD Act (for providing ‘reasonable accommodation’ according to the individual’s requirement and admitting persons with disabilities without discrimination) is not confined to only funded educational institutions, rather it extends to institutions ‘recognized’ by the Government or the local bodies. Accordingly, applicability of Section 16 of the RPwD Act to a completely private and non-funded educational institution cannot be denied on any count.”

In its 31-page judgment, the bench also faulted the school for objecting to an expert committee’s report that found the girl medically fit to attend GD Goenka with a shadow teacher’s support, saying this revealed its uncooperative stance. “The objection only reflects the non-cooperative approach of the appellant/school resulting in denial of the right of the child as available to her under RPwD Act,” it said.