Civil Procedure Code (CPC)

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seema sharma ( manager)     01 May 2011

what is the current position for special child admission

after HC judgemtn and cbse circular to chools, what is the current guidelines for providing admission to special child in  private schools as I heard that they can not deny admission to any special child and HC told schools to appoint teachers for special school.

I want to admit my child in rohini side schools but not too far. and nearone schools are denying admissions, what is the legal remedy available  to me as per law

can anyone provide me that CBSE circular and High Court judgement

and what is the next step I shuold take , as I have no written document to prove that I applied admission to the school denying, what shud I do.

please respond



 5 Replies

Tajobsindia (Senior Partner )     01 May 2011

@ Lady

1.
As per the notification of the Ministry of Human Resource Development, the provisions of the RTE Act 2009 came into force with effect from April 2010. Chapter II Section 3(2) of the Act provides that a child suffering from disability shall have the right to pursue free and compulsory elementary education in accordance with the provisions of Chapter V of the Act.

2.
Children with Special Needs (CWSN) Schools affiliated to CBSE were advised (Circular No. 45 dated 29th October, 2008) to ensure that no child with special needs is denied admission in main stream schools, it has been observed that there are many schools affiliated to CBSE who are not abiding by this directive. The asked Circular is copied here for your perusal.

 

CENTRAL BOARD OF SECONDARY EDUCATION

2,COMMUNITY CENTRE, PREET VIHAR, DELHI-110092.

 

NO. CBSE/ACAD/INCLUSIVE EDUCATION/2008                            29th Oct.,2008

                                                                                                                     Circular No. 45

All the Heads of the institutions

affiliated to CBSE.

 

Subject:          Inclusive Practices in CBSE schools

 

Dear Principal,

 

Inclusion is not just about including children with disabilities. It is about embracing the idea that diversity is the reality and, therefore, each child is a unique learner.

 

Learners learn and use their learning differently.  Today’s learner in schools may be culturally or linguistically different or they may suffer from minor or major disabilities, they may come from different family or socio-economic background or they may be disadvantaged due to economic, social, cultural, linguistic, gender, administrative, vocational disability or other factors. They need to overcome all these barriers with the help of an enabling school environment.  The educators and all stakeholders including parents and members of the community need to develop the capacity to address the differences that each school might present.

 

With respect to children with disabilities, the Central Board of Secondary Education has provided relaxation for disabled children. These are placed at Annexure 1 for your reference.  It is earnestly hoped that schools will adapt / adopt  some of these measures right from primary level.  The sooner children are identified, the easier it is to help them monitor their disability and improve their performance.

 

The Board had  brought out a document related to Poor School Performance in schools focusing on the major issue of slow learning caused by dyslexia and other co-morbid disabilities.  This document is in the process of being revised.

 

We need to respect diversity so that every child no matter what his/her background and ability is provided a relevant and meaningful education.  Being different is a fact which most of us understand.  Inclusion is an effort to make sure all learners including children with disabilities access  school alongwith other children and receive “specially designed support and instruction” which they need to succeed as learners and to achieve the required competence and skills.

 

- 2 -

 

The schools also need to follow the Advisory enclosed at Annexure 2.  It may be noted that all schools need to comply with Inclusive Education Practices and admit children with disability in their institutions failing which stringent action to the extent of disaffiliation of the schools may be taken. 

 

 

Often children are labeled as `lazy’ or `poor performers’ since they have a seemingly `invisible disability’ called Learning Disability (LD).  Learning Disability can manifest itself in learners in various ways and hamper their ability to listen, think, speak, read, write, spell or to do mathematical calculations.  These learners may suffer from some impairment in perception, conceptualization, language, memory, attention or motor control.  

 

It is hoped that schools will realize this serious concern and take appropriate initiatives to address these issues.  The Board in the meantime is also in the process of bringing out a document on Inclusive Practices in School Education. Inclusive thinking and practices involve learners with disabilities in mainstream education curricula, assessment practices and classroom transaction which encourage the general and subject teacher to work together for the benefit of each student.

 

Inclusion presents a challenge not just on behalf of students with disabilities but also on behalf of students who are different in other ways.  Different languages and cultures, different income groups and different ways of learning need accommodation from educators.

 

The redressal of the issue of child labour can no longer be postponed any further.  Let us reinforce that the `school is the best place for a child to work’.

   

Moving ahead, the CBSE would like to recommend to all its affiliated schools that their  children and staff take a pledge to stop child labour in their own homes and neighborhoods.

 

This can be repeated twice a week during assembly and children can ensure that no child below the age of 18 years is employed in their own homes. This can be followed by expanding the initiative to homes of close relatives and friends and even the neighbourhood.  Schools can also take on various activities(according to age of children), such as research on child labour, performing street plays on combating child labour, making posters, pamphlets and display boards; writing articles and making short films on the topic.  The CBSE would be very eager to get reports from the school on the impact of this initiative and would look forward to case studies that the Board could share with others.

 

In its broadest and all encompassing meaning, Inclusive Education, as an approach, seeks to address the learning needs of all children, youth and adults with a specific focus on those who are vulnerable to marginalization and exclusion. It implies all learners, young people - with or without disabilities being able to learn together through access to common pre-school provisions, schools and community educational setting with an appropriate network of support services.  This is possible only in a flexible education system that assimilates the needs of a diverse range of learners and adapts itself to meet these needs.  It aims at all stakeholders in the system (learners, parents, community, teachers, administrators, policy makers) to be comfortable with diversity and see it as a challenge rather than a problem. (Action Plan for Inclusive Education of Children and Youth with Disabilities, MHRD, 2005)

 

 

Yours sincerely,

 

(DR.SADHANA PARASHAR)

EDUCATION OFFICER(L)

 

Copy with a request to respective Heads of Directorates/KVS/NVS/CTSA as indicated below to also disseminate the information to all concerned schools under their jurisdiction :

 

01        The Commissioner, Kendriya Vidyalaya Sangathan, 18 Institutional Area, Shaheed Jeet Singh Marg, New Delhi-110 016.

02        The Commissioner, Navodya Vidyalaya Samiti, A-28, Kailash Colony, New Delhi.

03        The Director of Education, Directorate of Education, Govt. of NCT of Delhi, Old Secretariat, Delhi-110054.

04        The Director of Public Instructions (Schools), Union Territory Secretariat, Sector-9, Chandigarh-160017.

05        The Director of Education, Govt. of Sikkim, Gangtok, Sikkim-737101

06        The Director of School Education,Govt of Arunachal Pradesh,Itanagar-            

07        The Director of Education, Govt. of Andaman and Nicobar Islands, Port Blair-

08.       The Secretary, Central Tibetan School Administration, ESSESS Plaza, Community Centre, Sector 3, Rohini, Delhi-110 085.

09        All Regional Officers of CBSE with the request to send this circular to all the Heads of the affiliated schools of the Board in their respective regions.

10.       All Education Officers of the Academic Branch, CBSE

11.       All Asstt. Education Officers, CBSE

12.       The Library and Information Officer, CBSE

13.       E.O. to Chairman CBSE

14.       P.A. to C.E., CBSE

15.       D.O. to Secretary, CBSE

16.       P.A. to Director (Academic), CBSE

17.       P.A. to HOD (EDUSAT), CBSE

18.       P.A. to HOD(AIEEE), CBSE

19.       PRO, CBSE

 

EDUCATION OFFICER(L)


Annexure 1


Concessions Given To The Physically Challenged Candidates



1.                  Exemption from studying third language up to middle school level (i.e. Class VIII).

2.                  Permission to use an amanuensis.

3.                  The amanuensis is a student of class lower than the one for which the candidate will be taking the examination.

4.                  The Centre Superintendent of the Examination Centre chooses a suitable amanuensis and forwards his/her particulars to the Regional Officer concerned for consideration and approval.

5.                  The candidate pays the fee as prescribed for use of the amanuensis to the Board.  However, the Blind, Physically Handicapped or Spastic Candidates are being provided services of an amanuensis free of cost.

6.                  The amanuensis is paid remuneration as prescribed from time to time by the Board.

7.                  The candidate may be permitted to use the services of an amanuensis in all or any of the papers.  Services of same amanuensis is taken for all the papers.

8.                  The candidates are being permitted to draw the diagrams etc. themselves, if desired by them.  Services of same amanuensis is taken for all the papers.

9.                  Additional time as under is given in each paper;

For paper of 3 hours duration            60 minutes

For paper of 2 ½ hours duration        50 minutes

For paper of 2 hours duration            40 minutes

For paper of 1 ½ hours duration        30 minutes

10.              The Centre Superintendent makes the sitting arrangements for the dyslexic, blind, physically handicapped and spastic candidates on the ground floor, as far as possible.

11.              Alternative type questions are provided in lieu of questions having visual inputs for the blind candidates in English Communicative and Social Science for Class X and History, Geography and Economics for Class XII.

12.              Separate question papers in enlarged print for Mathematics and Science & Technology in Class X are provided.

13.       The Centre Superintendent(s) are directed to send the answer books of special  

            category students in separate covers.

14.       To facilitate easy access, a few selected schools are made examination centres

            special students.

15.      Blind candidates from Delhi have the facility to use computer or  a typewriter for writing answers.

16.   Teachers from blind schools are appointed as Assistant Superintendent(s) (Invigilators) at the special examination centres.  However, precaution is taken to appoint different subject teachers on different days.

17.     A separate column has been provided on the title page of the answer book for indicating the category of physically challenged candidates so that these answer books could be segregated for sending them separately to the Regional Office of the Board.

18.      However, at the Secondary School level a candidate has an option to opt for one language and any four of the following electives:

            Mathematics, Science, Social Science, Another Language, Music, Painting, Home Science and Introductory Information Technology, Commerce (Elements of Business) & Commerce (Elements of Book Keeping and Accountancy)

19.      Blind candidates have been permitted to offer subjects like Music, Home Science   

           etc. which are not available in the school


Annexure 2

 

 

 

 

Advisory to schools   :

 

As per Guidelines of Inclusive Education of Children with Disabilities (IECD) each school is advised  :

 

1.                  to ensure that no child with special needs is denied admission in Mainstream Education

2.                  to monitor the enrollment in schools of disabled children

3.                  to provide support through assistive devices and the availability of trained teachers

4.                  to modify the existing physical infrastructure and teaching methodologies to meet the needs of all children including Children with Special Needs

5.                  to ensure that 3% reservation of persons with disabilities is done in all institutions receiving funds from Government (Under The Persons with Disabilities Act, 1995)

6.                  to ensure that all schools are made disabled friendly by 2020 and all educational institutions including hostels, libraries, laboratories and buildings will have barrier free access for the disabled

7.                  to ensure availability of Study material for the disabled and Talking Text Books, Reading Machines and computers with speech software

8.                  to ensure an adequate number of sign language interpreters, transcripttion services and a loop induction system will be introduced for the hearing handicapped students

9.                  to revisit classroom organization required for the education of Children with Special Needs

10.             to ensure  regular in-service training of teachers in inclusive education at the elementary and secondary level.

 

 

3. I suggest you to contact the respected ld. man behind this path breaking DHC PIL directly

and he none other than Sh. Ashok Agarwal, Advocate - Advisor - Social Jurist and his

personal cell No. is 981110 1923 


All the best. 
 

suryagaurav (manager)     05 May 2011

sir,

if any parent wants to  initiate legal steps for abovementioned  matter. what for he will file case, i mean for damages, for compensation or for what ....?

please guide me as i am also facing this type of position by my relative

Tajobsindia (Senior Partner )     07 May 2011

 

 

Originally posted by :suryagaurav

"


if any parent wants to  initiate legal steps for abovementioned  matter. what for he will file case, i mean for damages, for compensation or for what ....?

please guide me as i am also facing this type of position by my relative

"

@ Author 


Your second para syntax is wrong reason being you are mentioning yourself to be a solicitor hence you are beyond school admission age and further how in this case relatives are involved ! This minor error besides the point the logical steps are as follows; 


First assuming the guardians of special child have already approached school and was denied admission then in that case write a RPAD Legal Notice to Education Dept. Zone under which the said school comes and pray for intervention in 7 and or 15 days under RPAD reply back to you.


Second, if said Zonal office fails to respond in stipulated time period do approach HC under its extraordinary Writ Jurisdiction and make the said Education Dept. Zone office as respondent 1, State as respondent 2, CBSE as respondent 3 and said School as respondent 4 party and pray before Hon'ble HC to give directions to R1 to follow spceial needs children education admission directions. Now they will start following and your ward will have special needs school admission expeditiously as it is h/er Constitutional Rights.



Reason being a public body needs to be shown to be doing default thus only Writ sustains.

suryagaurav (manager)     02 June 2011

I have mailed to CBSE, SCHOOLS, MInistry of education, ministry of woman and child etc.

can I make all those parties in my case  on the basis of E mail sent to them regarding the agony faced by me.

Is validity of email in the eyes of court  exist.

pls guide

Tajobsindia (Senior Partner )     02 June 2011

@ Surya Gaurav

1. YES you have to make them party otherwise what HC under its extraordinarily WRIT jurisdiction is going to act upon !


2. You are following right instructions as above advised.

Keep readers posted as to progress as your topic is going to help many needy childrens cause. 


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