RPwD Act - Private and recognized educational institutions to admit children with disabilities without discrimination

DIGEST Delhi High Court Upholds Inclusive Education Mandate for Children with Disabilities. G.D. Goenka Public School Ordered to Re-Admit Aadriti Pathak with Support of Shadow Teacher

In a landmark judgment reinforcing the Rights of Persons with Disabilities Act, 2016, the Delhi High Court has directed G.D. Goenka Public School to re-admit Aadriti Pathak, a child diagnosed with mild autism, in an age-appropriate class. The Division Bench, led by Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela, upheld the Single Judge's order mandating the school to provide inclusive education by accommodating the child with the assistance of a shadow teacher.

The case arose when Aadriti Pathak was denied continued education at the school due to her diagnosis, prompting her mother to file a writ petition. Despite initial admission under the "Sibling Clause," Aadriti's education was disrupted, leading to legal proceedings. The High Court emphasized the RPwD Act's provisions, which oblige educational institutions to provide non-discriminatory and inclusive environments for children with disabilities.

The judgment, dated 23 September 2025, highlights the importance of reasonable accommodations and the duty of educational institutions, including private ones, to ensure integration and non-discrimination. The court's decision follows comprehensive evaluations by expert committees, which concluded that Aadriti could thrive in a regular school setting with appropriate support.

The court dismissed the school's objections to the committee's findings, reaffirming the statutory mandate for inclusive education. The ruling underscores the RPwD Act's goal of empowering individuals with disabilities through inclusive learning environments, facilitating their social and academic development.

Bottom Line:

Inclusive education for children with disabilities - Educational institutions, including private and recognized institutions, are mandated to provide reasonable accommodation, admit children with disabilities without discrimination, and ensure inclusive education as per the provisions of the RPwD Act.

Statutory provision(s): Sections 2(m), 2(y), 3, 4, 16, 17, 31 of the Rights of Persons with Disabilities Act, 2016

G.D. Goenka Public School v. Aadriti Pathak, (Delhi)(DB) : Law Finder Doc Id # 2782731