Case Note & Summary
The petitioner, The Home for Aged and Handicapped, a registered trust running a special school for handicapped children called 'SNEHA SADAN' established in 1890 and recognized by the Social Welfare Department in 1964, challenged a circular dated 2nd August, 2000 issued by the State of Maharashtra, Social Welfare, Cultural and Sports Department. The circular required all special handicapped schools/workshops to admit only persons with more than 60% disability, and directed that those with less than 60% disability should be admitted to normal integrated schools. In pursuance of this circular, the District Social Welfare Officer, Nagpur issued a communication dated 8th December, 2000 calling upon the petitioner to discharge children with less than 60% disability from the school, warning that if such students were not found eligible for grants, the institution would be solely responsible. The respondents also issued a license dated 27th November, 2000 permitting the petitioner to admit only children with above 60% disability, reducing the student strength from 125 to 60. The petitioner contended that the circular was contrary to the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, which does not prescribe any minimum percentage of disability for admission to special schools. The court analyzed the provisions of the Act, particularly Sections 2, 26, and 30, and found that the Act aims to provide education to all disabled children and does not restrict admission based on disability percentage. The court held that the circular was ultra vires the Act and could not override the statutory provisions. The court quashed the circular dated 2nd August, 2000 and the consequential communication dated 8th December, 2000 and license dated 27th November, 2000. The court directed the respondents to permit the petitioner to admit children with disabilities as per the provisions of the Act, without any restriction based on percentage of disability.
Headnote
A) Disability Law - Right to Education - Admission Criteria - Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, Sections 2, 26, 30 - The court examined whether a circular restricting admission to special schools to children with more than 60% disability was valid. The court held that the circular was contrary to the Act, which does not prescribe any minimum percentage of disability for admission to special schools. The Act aims to provide education to all disabled children, and the circular defeated that purpose. (Paras 1-10) B) Administrative Law - Executive Circular - Ultra Vires - Doctrine of Legitimate Expectation - The court held that the circular was ultra vires the Act and could not override the statutory provisions. The petitioner had a legitimate expectation that the school would continue to admit children with varying disabilities as per the Act. (Paras 5-10) C) Social Welfare - Handicapped Children - Rehabilitation - The court noted that the petitioner's institution had been running for decades and had a recognized rehabilitation center. The circular would have forced the discharge of children with less than 60% disability, disrupting their education and rehabilitation. (Paras 2-4)
Issue of Consideration
Whether the circular dated 2nd August, 2000 issued by the State of Maharashtra restricting admission to special handicapped schools/workshops to persons having more than 60% disability is valid and in consonance with the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.
Final Decision
The court quashed the circular dated 2nd August, 2000 and the consequential communication dated 8th December, 2000 and license dated 27th November, 2000. The court directed the respondents to permit the petitioner to admit children with disabilities as per the provisions of the Persons with Disabilities Act, 1995, without any restriction based on percentage of disability.
Law Points
- Right to education of disabled children
- Interpretation of disability percentage
- Validity of executive circulars
- Doctrine of legitimate expectation
- Social welfare legislation
