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Synopsis

The Delhi High Court on Friday issued notice on a plea filed by a Class X student, namely Shivam Singh, before the Delhi High Court seeking directions to the New Delhi Municipal Corporation (NDMC) to provide him with a Special Educator.

A bench of Justice Sanjeev Narula issued notice directing NDMC to file its response in the matter and work on the appointment of the special educator. The bench has listed the matter for further hearing on November 4, 2022.

The student's plea stated that he suffers from a 50% Mental disability since 2014, and is having difficulty grasping education, so a request was made before the respondent school to provide him with a Special Educator to give him proper attention, but all is in vain.

Advocates Ashok Aggarwal and Kumar Utkarshv appearing for the student argued that the unavailability of the special educator is affecting the education of several other students as well.

The petitioner boy has requested that the NDMC recruits or posts at least two special educators in each of its schools. Further, the plea also claimed that after failing to persuade the respondent school to provide him with a Special Educator, the petitioner served the New Delhi Municipal Council with a legal notice dated October 11, 2022, with copies to the school and the Director of Education, but no response has been received so far.

The plea further stated that the actions/inactions of the school, Atal Adarsh Vidyalaya, Kidwai Nagar East, violate his fundamental right to education, as guaranteed by Articles 14, 21, and 21A of Indian Constitution, as read with the provisions of the Right of Children to Free and Compulsory Education Act, 2009, and the Rights of Persons with Disabilities Act, 2016 and also contrary to the laws laid down by the Delhi High Court in various cases.

“Section 3 of the Right of Children to Free and Compulsory Education Act of 2009 states that children with disabilities also have the right to free and compulsory elementary education”, the plea added.

Furthermore, the plea stated that the school's impugned inaction would not only discourage the boy who has a 50% mental retardation disability from continuing his studies, but would also discourage children with disabilities from enrolling in schools run by NDMC.

Case Title: Shivam Singh v. New Delhi Municipal Corporation & Ors.