Patna High Court Asks State Govt To Furnish Data On School Children With Disabilities, Availability Of Special Educators In Schools

The Patna High Court has directed the state government to furnish details of all children, having impairments as defined under the Persons with Disabilities Act, who are studying in various schools of Bihar.

The division bench of Chief Justice K Vinod Chandran and Justice Madhuresh Prasad directed the Additional Chief Secretary (Education Department) to file an affidavit containing data on all school children with disabilities, the number of specially skilled teachers for teaching such students, and the number of such students who are day scholars and those who use boarding facilities.

The details are to be furnished within three weeks. The division bench further directed the state's disability commissioner to provide the overall number of children with disabilities in the state after conducting a survey or census within three months. 

The order was passed in a writ petition filed in the nature of a Public Interest Litigation by petitioners Raj Kumar Ranjan for better facilities to be provided in Girija Shankar Drishti Vihin Balika Vidyalaya in Jagdishpur Block of Bhagalpur district in the State.

In January 2020, a division bench of the high court had expanded the scope of the petition to include all institutions in Bihar that are meant to educate visually impaired students.

In December 2020, another Division Bench had emphasized the need to protect children with disabilities from abuse, violence, and exploitation, in line with the Rights of Persons with Disabilities Act, 2016 and the United Nations Convention on the Rights of Persons with Disabilities.

The bench further noted that the Right of Children to Free and Compulsory Education Act, 2009, mandates education for children up to 14 years of age, including those with disabilities. As a result, the State was found obligated to create infrastructure for the education of children with special needs.

The matter will be heard again on April 26.

Case Title: Raj Kumar Ranjan vs The State of Bihar and Ors Civil Writ Jurisdiction Case No.17400 of 2018

Click Here To Read/Download Order