Allahabad: In a significant ruling, the Allahabad High Court instructed the state government to improve educational, medical, and support facilities across all districts to ensure the comprehensive development of children with disabilities.
Justice Ajay Bhanot issued the directive following a petition filed by Shivani, a government school teacher in Etah, who requested a transfer to Noida or Ghaziabad on humanitarian grounds.
Key Arguments
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Petitioner's Advocate's Argument:
Advocate Kashif Rizvi argued that the petitioner’s son, diagnosed with autism, cannot access advanced facilities in Etah for his needs. He emphasized that Noida and Ghaziabad offer better support systems, making the transfer crucial for the child’s well-being. -
Court Observations:
The court observed that many districts in the state lack adequate infrastructure for medical care, education, and other essential services for children with disabilities.
Court's Directive
The court directed the state government to:
- Develop and upgrade facilities for children with disabilities.
- Ensure proper educational, medical, and support systems are available in every district.
Justice Ajay Bhanot emphasized that the state must make sincere efforts to address this pressing issue.
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Transfer Request Outcome
During the hearing, counsel for the Basic Shiksha Adhikari (BSA) informed the court that the Education Council was overwhelmed with similar transfer requests based on medical grounds. Given this, the court ruled that the petitioner’s transfer should be considered after the academic session ends, in line with existing laws and procedures.
This judgment highlights the need for equitable and accessible resources for children with disabilities and calls on the government to take immediate action.
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