Fee waiver denial for disabled child Fee waiver denial for disabled child

2 years ago

Hi Team,

My 9 year old disabled daughter (diagnosed with autism - disability more than 50%) is studying in class 2 of a big private school in gurgaon. I recently became aware of the persons with disabilities act 2016 which based on my understanding entitles disabled children for free education at any institution of our choice. When I asked the school for a fee waiver, they completely denied and said they aren't bound to provide free education based on any law. I raised multiple complaints on the pgportal against the school but it seems the officers in the education department and the school have strong Nexus and they have closed my complaints without even contacting me and without any action against the school. I would like to know if my child is actually eligible for free education. If yes, what are my options to achieve this - Do I need to send a legal notice to the school and the education department and follow it up with a court case if this isn't settled via notice?

Appreciate your help

Thanks,

Jitendra Mithas

Abhimanyu Shandilya

Responded 2 years ago

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A.Where have you read or seen that all the schools including the private schools and the school where your daughter is studying is suppose to provide free schooling to such children. First of understand the provisions properly and then raise the requests to the school authorities otherwise they will unnecessarily pinpoint you.
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Tanmoy Chattopadhyay

Responded 2 years ago

A.My reading of the provision do not entitle for free education at any school of one's choice but it is only limited to the neighboring school or any special school (school which is specific for such disabled children) and here the choice exist. But there is an underneath catch in it and if I have understood it correctly then it might also restrict that free education to schools which the local or appropriate authority will earmark for any locality. If such a reading can be imparted to the provision then you have to contact the local/appropriate authority with RTI about the schools they have designated for free education of children with disabilities under the 2016 act. Lastly a good news a writ can be issued against the govt or even the private school if they are otherwise legally enjoined to give free education.
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Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
According to The Rights of Persons with Disabilities (RPwD) Act, 2016, every child with benchmark disability between the age group of 6 and 18 years shall have the right to free education. If you are denied of that right, you can approach the court for the remedy.
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Anik

Responded 2 years ago

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A.Hi,
According to The Rights of Persons with Disabilities (RPwD) Act, 2016, every child with benchmark disability between the age group of 6 and 18 years shall have the right to free education and also entitled to 5% reservation in seats in Government and Government aided higher educational institutions for persons with benchmark disabilities. If proper action has not been taken even after you have filed complaint to the officials concerned, you can move to court and seek the remedy. You will get Justice.
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