A determined mother from Mumbai, who is herself battling a serious illness, has approached the Bombay High Court after a school in Andheri West refused to admit her seven-year-old autistic twin sons under the Right to Education (RTE) Act quota. The case raises critical questions about the implementation of inclusive education for children with disabilities.
A Mother's Legal Battle for Inclusive Education
The petitioner, advocate Rita Joshi, has accused the school of an "unlawful and discriminatory" act. Her sons, diagnosed with Autism Spectrum Disorder (ASD) and Attention Deficit Hyperactivity Disorder (ADHD) at the age of two-and-a-half, were duly allotted a seat at the school under the RTE Act's disability quota for the 2024 academic year. However, the school allegedly refused admission orally between August and September 2024.
The institution's stated reason was a lack of facilities for children with special needs. Furthermore, the school insisted that Joshi must personally arrange and finance shadow teachers for her children. In her petition, Joshi argues that this demand defeats the very purpose of inclusive education guaranteed by the Constitution and statutes like the RTE Act and the Rights of Persons with Disabilities (RPwD) Act.
Challenging the Demand for Shadow Teachers
The heart of the legal challenge is a pivotal question: Can a private unaided school legally require a parent to fund shadow teachers? Joshi's petition emphasizes that Section 16 of the RPwD Act mandates schools to provide reasonable accommodation and individualized support at their own cost or the state's expense. She also cited an October 2021 Supreme Court judgment which ruled that denying admission to autistic children on grounds of "lack of facilities" is impermissible.
Due to the refusal, the twins have been without formal education for nearly two years. Joshi had written to the education department seeking enforcement of the RTE allotment, but no action was taken, leading to the court filing.
Personal Hardship and a Plea for Justice
The petition also reveals the profound personal challenges Joshi is facing. In November 2024, she was diagnosed with Stage III breast cancer. She underwent surgery in December 2024 and is currently undergoing chemotherapy and radiation treatment at Tata Memorial Hospital. This medical crisis physically limited her capacity to travel and file proceedings earlier.
Her plea to the High Court includes several key requests:
- Direct the Centre, Maharashtra state, and Brihanmumbai Municipal Corporation (BMC) to re-allot her children to the same school.
- Order the school to immediately admit the twins to a class appropriate for their age.
- Issue a directive for the provision of shadow teachers and necessary infrastructure at no financial burden to her, until the children complete basic primary education.
The bench of Justices Ravindra Ghuge and Ashwin Bhobe, upon an urgent mention by advocate Ashok Shetty, has scheduled the matter for a hearing on Thursday.
