Case Note & Summary
The petitioner, Jeevoday Education Society, runs a special school for mentally challenged children in Nagpur for about 30 years. The school is non-residential and has recognition for admitting 200 students. However, the State Government provides grant-in-aid only for 30 students. The petitioner sought grants for the remaining 170 children, relying on judgments of the Supreme Court and this Court, as well as provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. The petitioner argued that the State has failed to formulate a policy for proportionate release of grants when student numbers increase, and that there is hostile discrimination against mentally retarded children compared to children with other physical disabilities. The court considered the submissions and held that the State must formulate a policy to ensure proportionate grants are released to special schools when the number of students increases. The court directed the State to consider the petitioner's representation and take appropriate decision within three months. The writ petition was disposed of with these directions.
Headnote
A) Constitutional Law - Right to Education - Duty of State - The State is obligated to provide adequate grants to special schools for disabled children to ensure effective implementation of the right to education under Article 21A read with the Persons with Disabilities Act, 1995. (Paras 2-4)
B) Disability Law - Persons with Disabilities Act, 1995 - Non-Discrimination - Denial of proportionate increase in grants to a school for mentally challenged children while granting such increases to schools for other disabilities constitutes hostile discrimination under Section 44 of the Act. (Paras 3-4)
C) Administrative Law - Policy Formulation - The State must formulate a clear policy for release of additional grants to special schools when student numbers increase, to avoid arbitrariness and ensure equal treatment. (Paras 3-4)
Issue of Consideration
Whether the State Government is obligated to provide proportionate grants to a special school for mentally challenged children when the number of students increases, and whether denial of such grants amounts to hostile discrimination under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.
Final Decision
The court disposed of the writ petition with a direction to the State Government to consider the petitioner's representation and take an appropriate decision within three months, keeping in view the need to formulate a policy for release of additional grants.
Law Points
- Right to education of disabled children
- non-discrimination
- duty of State to provide grants
- interpretation of Persons with Disabilities Act
- 1995
Case Details
2018 LawText (BOM) (09) 125
Writ Petition No. 1068 of 2017
B.P. Dharmadhikari, M.G. Giratkar
Shri B.S. Banthia with Shri A. Shelat for petitioner, Shri N.R. Patil, AGP for respondents
Jeevoday Education Society, Nagpur
The State of Maharashtra, The Commissioner, Handicapped Welfare, The District Social Welfare Officer
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Nature of Litigation
Writ petition seeking direction to State Government to provide proportionate grants for additional students in a special school for mentally challenged children.
Remedy Sought
Petitioner sought grants for 170 students for whom no grant-in-aid was being provided, and direction to formulate a policy for release of additional grants.
Filing Reason
State Government provided grant-in-aid only for 30 students despite recognition for 200 students, and failed to formulate policy for proportionate increase in grants.
Issues
Whether the State is obligated to provide proportionate grants to special schools when student numbers increase.
Whether denial of additional grants to mentally challenged children amounts to hostile discrimination under the Persons with Disabilities Act, 1995.
Submissions/Arguments
Petitioner argued that despite judgments of the Apex Court and this Court, the State has not formulated a policy for release of proportionate grants.
Petitioner contended that there is hostile discrimination against mentally retarded children compared to children with other physical disabilities under the 1995 Act.
Ratio Decidendi
The State must formulate a policy to ensure proportionate grants are released to special schools for disabled children when the number of students increases, to avoid discrimination and ensure effective implementation of the right to education.
Judgment Excerpts
The petitioner – society runs a Special School for Mentally Challenged Children at Nagpur since last about 30 years.
It is receiving grantinaid from the State Government only for 30 students. Petitioner prays for grants for remaining 170 children.
The learned counsel for the petitioner has also pressed into service Ground Nos. A, B and D in writ petition to urge that there is a hostile discrimination in the matter of releasing such additional grants qua mentally retarded children when compared with their counter parts, who suffer from other physical disabilities in terms of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.
Procedural History
The petitioner filed Writ Petition No. 1068 of 2017 before the Bombay High Court, Nagpur Bench, seeking direction for grants. The court heard the matter on 19 September 2018 and disposed it with directions.
Acts & Sections
- Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995: Section 44
