A single judge bench of the Madras High Court comprising of Mr. Justice C.V. Karthikeyan imposed severe sanctions on a school for refusing to admit a kid with special needs, noting that by doing so, the institution had not only failed to fulfil its obligation but also damaged the reputation of the Christian missionary under whose name it was operated.
Brief Facts:
The Writ Petition had been filed in the nature of Mandamus by a young child, who had been diagnosed as a special child with mild Autism Spectrum disorder, in extreme distress, seeking a direction to the first to fifth respondents, namely, the State of Tamil Nādu, represented by the Secretary to Government, Department of School Education, the Tamil Nādu State Commission for Protection of Child Rights, Periyar E.V.R. Road, Poonamallee High Road, Kilpauk, Chennai, the District Collector, Vellore, the District Chief Educational Officer, Vellore and the Council for the Indian School Certificate Examinations, New Delhi, to ensure her admission in the 6th respondent Educational Institution in Vellore, in the first Standard based on her psychological assessment Report dated 24.09.2020 and in accordance with the provisions of the Rights of Persons with Disabilities Act, 2016 and the National Trust for Welfare of Persons with Autism, Cerebral palsy, Mental Retardation and Multiple Disabilities Act, 1999.
Observations of the Court:
Even though the respondent school had protested towards the close of the proceedings that it would employ special educators and would also admit the child to their school, Judge CV Karthikeyan noted that the same appeared to be a false submission. Such a gift ought to have been made voluntarily. It must originate from the soul. It should be in the heart and not only verbally expressed. The judge opined that the comment about being willing to hire educators with special needs training was just made to cover up the earlier stance of refusing to care for those children - just whitewashing, no true intention existed.
The judge remarked that the sixth respondent's name was quite pitiful and ironic—it honors an American medical missionary who served in India for three generations. That made the judge question if individuals in power now are using that name without abiding by the values or standards of behavior that the noble lady upheld. Further, the judge remarked that it can be seen that the courts have always shown consideration for young people with particular needs. They voiced their desire for educational institutions to protect special needs kids. They have urged educational institutions to step forward and welcome such kids with open arms. Education means lifting a youngster out of their current situation and inspiring them to pursue their goals. The judge remarked, “The sixth response has failed not only in this obligation but has also dishonored the great Missionary and their Christian faith in a way that is incredibly, incredibly sad.”
Decision of the Court:
The Writ Petition stood disposed of.
Case Title: The Child Rep. by her mother vs State of Tamilnadu and others
Coram: MR. JUSTICE C.V. KARTHIKEYAN
Case No.: W.P.No. 24973 of 2022 And W.M.P.No. 23909 of 2022
Advocate for the Petitioner: Mr. N. Manokaran
Advocate for the Respondent: Mr. U. Baranitharan (R1, R3, R4); Mr. David Sunder Singh (R2); M/s. S. Ramasubramaniam & Associates (R6)
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