Court Rulings

In the last decade and particularly since the amendment of the Right to Education Act in 2012, there has been much activity before the Courts in trying to ensure the maximum fulfilment of the rights of children with disabilities.  On the education front, schools were found woefully underprepared to receive students with special needs, with the real danger of almost an entire generation of students with disabilities falling between the gap of special education and meaningful inclusive education. This Section looks at some of the litigation that occurred and traces the circumstances of these Petitions, what was sought to be achieved, what the Court held, and whether anything arose in the aftermath of these Petitions.



Ramesh Negi vs Government of NCT of Delhi

This Writ Petition, seeking a writ of Mandamus against the Department of Education, was filed by a parent of an autistic child seeking its admission in the nursery class. Therefore the question was whether the Right to Education Act was applicable to admissions which took place at the nursery ...

Pramod Arora vs Honble Lt. Governor Of Delhi and others

Pramod Arora, a parent of a child with disability, filed a Public Interest Litigation in order to seek the Court’s powers in quashing or removing the amendment to the Right to Education Act in 2012, mandating the provision of free and compulsory education to children with disabilities in neighbourhood ...