Children with special needs | Court issues notice to DSEK, 3 schools over ‘denial’ of admission

Children with special needs | Court issues notice to DSEK, 3 schools over ‘denial’ of admission



Children with special needs | Court issues notice to DSEK, 3 schools over ‘denial’ of admission



The Court issued the notice to Principals of Tyndale Biscoe and Mallinson School Sheikh Bagh, Burnhall School Sonwar and Presentation Convent School Rajbagh besides Director School Education Kashmir.

Srinagar : Court of Chief Commissioner for Persons with Disabilities New Delhi has issued notice to Directorate of School Education Kashmir (DSEK) and three Srinagar based missionary schools on a plea regarding admission of children with special needs in the mainstream.

The court has sought comments on the plea filed by three activists of Child and Disability Rights.

In the plea, the activists—Zaheer Jan, Dr Chintanjeet Kour and MudasirShaban have alleged denial of admission in the schools to one child with eighty percent mental illness, and another with ninety percent hearing Impairment.

The Court issued the notice to Principals of Tyndale Biscoe and Mallinson School Sheikh Bagh, Burnhall School Sonwar and Presentation Convent School Rajbagh besides Director School Education Kashmir.

“ You are hereby advised to submit the Comments on the Complaint on affidavit and to produce all the requisite documents upon which you base your Comments …..to this Court within 30 days from the date of issue of this communication, failing which, the Complaint shall be disposed off ex-parte,” the court said. 

“ It may also be ensured that persons with disabilities shall not be deprived of their legitimate rights”.

In the notice, the court mentions Sections 3 and 31 of the Rights of Persons with Disabilities Act 2016 which undersore that the government should ensure persons with disabilities enjoy the right to equality, life with dignity and respect for his or her integrity equally with others as well as the right to free education of the child, aged between six to eighteen years, in a neighbourhood school, or in a special school, of his or her choice.

The plea filed by the three activists states that after Abrogation of article 370, Right to Person with Disability Act stands implemented in Jammu and Kashmir.

They contend that as per the Act every school should give admission to every special child in the mainstream.

Seeking court’s intervention in the matter so that children with special needs get admission in different schools in the Valley, the activists said : “ Last year Government of Jammu and Kashmir implemented the Act but schools still didn't allow special children in mainstream”.

They said allowing special children into the mainstream would be in the best interest of the child which is the focal axis of the Child Protection Policy.

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