ARAAV PORWAL Vs. MOTHER INTERNATIONAL SCHOOL

JUDGEMENT

(1.) THIS petition has been filed by the minor, Master Araav Porwal, through his father and natural guardian, Mr. P.S. Porwal, praying inter alia for directing respondents No.1 and 2/Mothers International School and respondent No.3/Director of Education, Govt. of NCT of Delhi, to implement the order dated 07.04.2011 passed by the Commissioner (Disabilities) on a complaint filed on 10.03.2011 regarding the non-admission of the petitioner, who is a hearing impaired child, in the Pre-Primary Class in the respondent No.1/school for the academic session 2012-13. The petitioner further seeks directions to the respondents to grant him admission in the respondent No.1/school in accordance with law.

(2.) BRIEFLY stated, the facts of the case are that the petitioner, Master Araav Porwal, being hearing impaired in both ears to the extent of 100% and thus a person with disability as defined under the Persons with Disability (Equal Opportunities, Protection and Full Participation) Act, 1995 (in short `the Act'), had applied through his parents to the respondent No.1/school on 05.01.2011 for admission in the Pre-Primary Class for the academic session 2011-12. It is an admitted position that the admission form issued by the respondent No.1/school is common to both, the general category as also the other categories, i.e., Economically Weaker Section (EWS) and students with disability. In the said form, enclosed as Annexure P-3 to the writ petition, in the column asking as to whether the applicant suffered from any disability, the answer given was in the affirmative and in another column asking as to whether the admission was sought in seats reserved for EWS of the society, the reply given was in the negative.

(3.) CLAUSE 4 lays down the manner of admission against free seats. Sub-clause (b) thereof is relevant and reads as below :-