School told to admit disabled boy in Class 1

NEW DELHI: The Delhi High Court on Friday directed a private school to admit a disabled boy in Class 1 under the economically weaker section (EWS) category, saying

NEW DELHI: The Delhi High Court on Friday directed a private school to admit a disabled boy in Class 1 under the economically weaker section (EWS) category, saying he was legally entitled to a seat in the institution.

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Justice Manmohan’s direction came on a plea filed by Siddharth International Public School against an order of the Motor Accident Claims Tribunal (MACT).

The tribunal had directed the school to admit the physically disabled boy in class 1. The school had contended the MACT lacked jurisdiction to pass such an order issued on a plea by the child’s mother.

Agreeing with the school on this point, the court set aside the tribunal’s direction but adopted the order and directed the institute to admit the boy.

The court rejected the school’s contention that there were no vacant seats under the EWS category. It took note of the submission of the directorate of education (DoE) that 25% of 34 seats meant 8.5 seats and only seven students had been admitted under EWS.

The school argued that the child was born in 2006 as per his birth certificate and overage for class 1. The boy’s mother had contended that he was born in 2010. On the issue of the child’s age, the court said it was not required to pass any order on that. It said that in its view, the discrepancy in date of birth of the child was “due to poverty, ignorance and backwardness of his relatives”.

It said if the school’s argument that the boy was too old for class 1 was accepted, “then those children who had either not been admitted to a school initially or had left studies midstream would never be able to join/rejoin any school and make use of their fundamental right to free and compulsory education”.