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Bombay High Court Instructs School To Grant Admission To An Autistic Child

Bombay High Court directed an IB School to admit an autistic child in a week which the school earlier refrained from, under the Right of Children to Free and Compulsory Education (RTE) Act, 2009.

Bombay High Court Instructs School To Grant Admission To An Autistic Child
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On Thursday, the Bombay High Court directed an IB School situated in Mumbai’s Grant Road to admit an autistic child in a week which the school earlier refrained from, under the Right of Children to Free and Compulsory Education (RTE) Act, 2009, cite reports.

Through a virtual RTE process, Ashish Patel’s son was allotted Edubridge International School on April 10, 2019, on whose petition an order was passed by Justices Ramesh Dhanuka and Riyaz Chagla, mentioned a Times of India report.

The father requested the judiciary to assist in the admission process of his Class 1 son at the school operated by Chankya Gyan Kendra trust. The school, however, mentioned that since it was a minority unaided educational establishment, it was excused from the RTE. Similarly, in February 2020, its minority status was authorized.

The school’s advocate enunciated that any executive or administrative order cannot infringe on its right as a minority institution. Additionally, the advocate stated that there is another IB school that the student could attend since the pupil will not be able to cope up with the severity of an international school, recorded accounts.

Upon being questioned by the judge, the school’s advocate mentioned that prior to receiving its minority certificate, four students were admitted to the school through the RTE. The judiciary then questioned whether the school would have cancelled the admission of the student under question, before receiving the certificate. The advocate responded that once granted, the admission cannot be cancelled. 

The school’s advocate further elaborated that it was under pressure, that the school was incorporated on the RTE portal. However, the court accepted the other party’s submission that the school voluntarily enrolled in it. The petitioner’s advocate, according to reports, also stated that a government hospital recommended that the boy be enrolled in a regular school.

The judiciary then mentioned that the school was asked, to provide admission to the boy before receiving its minority certificate. It also stated that noncompliance to BMC’s order can’t be excused by a minority certificate.

Also Read: BMC Considers Rs 1cr Revamp Project For Three Lakes In The City

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