Rajiv Sahai Endlaw, J.

1. This petition filed in public interest highlights the deficiency of requisite teaching aids for children with disability and non-availability of special teachers, in the unaided and aided private schools of Delhi and seeks a direction in this regard including to the Govt. of NCT of Delhi (GNCTD) and MCD. It is pleaded that owing to non-availability of Special Educators and the requisite teaching aids, children with disability admitted to the said schools, suffer.

2. It is pleaded in the petition:-

a. that there are 2039 unaided recognized private schools (1260 recognized by Directorate of Education (DoE), GNCTD and 779 recognized by MCD) and 258 aided recognized private schools (214 aided by DoE, GNCTD and 44 aided by MCD) in Delhi and most of them do not have the provisions of basic physical as well as academic infrastructure, including Special Educators as required for the education of the children with disabilities;

b. that most of the schools are not even providing barrier free environment;

c. that there are over 2 lakhs children with disabilities in Delhi and of whom less than 1% are in schools;

d. that the failure on the part of these schools to have adequate physical and academic infrastructure in place for the education of the children with disabilities has resulted in violation of Right of Children to Free and Compulsory Education (RTE) Act, 2009 of such children as guaranteed under Articles 14,15,21, 21-A & 38 of the Constitution of India read with the provisions of Delhi School Education Act, 1973, Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, U.N. Convention on Rights of Child (1989) and U.N. Convention on Rights of Persons with Disabilities (2008);

e. that trained teachers including teachers qualified in sign language and/or Braille are needed as a part of academic infrastructure for these children;

f. a barrier free environment is needed for free mobility of these children in school premises;

g. special books and equipments are needed for education of these children;

h. that the post of Special Educator is required to be sanctioned by the DoE, GNCTD in each and every school;

i. that a Division Bench of this Court in Social Jurist, A Civil Rights Group Vs. Govt. of NCT of Delhi 163 (2009) DLT 489 has directed the GNCTD as well schools run by local bodies namely NDMC, MCD and Cantonment Board to ensure that each school shall have at least two special educators and that necessary teaching aids and reading materials are provided to children with disability;

j. that since the aforesaid order was limited to schools run by GNCTD, NDMC, MCD and Cantonment Board, a need is felt to seek a direction with respect to unaided and aided schools also;

k. that the schools are under an obligation to provide special teachers and other requisite material for children with disabilities;

l. that under the provisions of RTE Act, the unaided and aided schools are also required to provide admission to children belonging to economically weaker sections/disadvantaged group to the extent of 25% of the strength of the class at entry point and children with disabilities are included in the definition of disadvantaged groups – thus children with disabilities would be entitled to admission in the unaided and aided schools who should be prepared by engaging special educators and making provision for other requisite material, to teach them;

m. that in the absence of special trained teachers and other requisite material, there is likely to be a high dropout rate of such students from the schools.

3. The petitioner, besides GNCTD and MCD has also impleaded Action Committee of unaided private schools as a respondent to this petition. Notice of the petition was issued and counter affidavits have been filed by all the three respondents. We also directed the counsel for the GNCTD to file response to the counter affidavit of the Action Committee for unaided private schools and