Bombay HC Stays Zilla Parishad Move To Shift Differently-Abled Students To Regular Schools Without Policy Framework
· Free Press Journal
Mumbai, April 7: The Bombay High Court has stayed a Zilla Parishad notice directing the absorption of differently-abled students from a special school into general schools, observing that such a move without a proper policy framework could be “counter-productive”.
Court issues notice, seeks state response
Visit tr-sport.bond for more information.
A bench of Justices Ravindra Ghuge and Abhay Mantri passed the ad-interim order on April 2 while hearing a plea by Pune-based Namdevrao Mohol Vidya and Krida Prathishthan.
The court issued notice to the state and directed it to file an affidavit in reply by June 10. The court has kept the matter for hearing on June 17.
Concerns over lack of policy framework
During the hearing, the petitioner’s advocate Uday Warunjikar submitted that similar notices had been issued by Zilla Parishads across the state, directing the shifting of students from “well-equipped special schools” to mainstream institutions on the premise of a proposed policy on universal accessibility.
The bench, however, expressed reservations over the move. “Such orders, without a proper road map and implementation of a proper policy, are likely to be counter-productive,” the court observed.
It added that if parents wish their differently-abled children to begin education in special schools, “there cannot be a compulsion of uprooting students… and relocating them in general schools.”
Parents’ consent must be considered
The judges emphasised that “the will and desire of the biological/natural guardians also has to be taken into account.”
Accordingly, the notice issued to Namdevrao Mohol Vidya and Krida Prathishthan has been stayed until further orders.
State policy study to continue
The court clarified that its order would not prevent the state government from continuing its study on the Maharashtra State Policy for Persons with Disability, 2018.
On the issue of recognition of the petitioner institution’s school, the government pleader PP Kakade assured the court that no adverse order would be passed. The bench recorded the assurance and said it expected the renewal order to be issued by April 15, 2026.
Directions for similar institutions
It further directed that in cases of similarly placed institutions across Maharashtra, where recognition has expired on March 31 and renewal applications are pending, decisions should be taken by April 15, considering the students’ academic interests.
Background of state directive
On February 25, a directive was issued by the state’s Divyang Welfare Department to gradually shift physically disabled children across the state to regular schools from the new academic year in June. The move is based on the inclusive education mandate under the Rights of Persons with Disabilities Act, 2016.
Also Watch:
Dixit Solanki Death Case: Bombay HC Directs DNA Test At FSL Kalina, Orders DDG Shipping To Hand Over RemainsThere are over 10,000 students studying in 198 such special schools, of which 150 are under the Divyang Welfare Department.
Set up nearly five decades ago, these schools receive government aid, including staff salaries and Rs 2,200 monthly per student. Parents and teachers say regular schools lack the infrastructure and support required for such students, raising concerns over the transition.
To get details on exclusive and budget-friendly property deals in Mumbai & surrounding regions, do visit: https://budgetproperties.in/