The central legal point established in the judgment is the obligation of the State to provide free and compulsory education to children with special needs, including the appointment of Special Educators, making school premises barrier-free, and ensuring access to education and scholarships.

Rajiv Sharma, J.

1. The Court has taken cognizance of letter dated 22.04.2014 written by Shri Kamal Gupta highlighting therein the difficulties faced by Children with Special needs for pursuing education in the Educational Institutions throughout the State of Uttarakhand.

2. Article 21-A of the Constitution of India was inserted in the Constitution by way of 86th amendment Act, 2002 w.e.f. 01.04.2010, it reads as under :-

“21-A. Right to education- The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine.”

3. The parliament has enacted the Act called “The Right of Children to Free and Compulsory Education Act, 2009”. The Statement of Object and reasons reads as under :-

“The crucial role of universal elementary education for strengthening the social fabric of democracy through provision of equal opportunities to all has been accepted since inception of our Republic. The Directive Principles of State Policy enumerated in our Constitution lays down that the State shall provide free and compulsory education to all children up to the age of fourteen years. Over the years there has been significant spatial and numerical expansion of elementary schools in the country, yet the goal of universal elementary education continues to elude us. The number of children, particularly children from disadvantaged groups and weaker sections, who drop out of school before completing elementary education, remains very large. Moreover, the quality of learning achievement is not always entirely satisfactory even in the case of children who complete elementary education.

2. Article 21-A, as inserted by the Constitution (Eight-sixth Amendment) Act, 2002, provides for free and compulsory education to all children in the age group of six to fourteen years as a Fundamental Right in such manner as the State may, be law, determine.

4. Section 2 (d) defines “child belonging to disadvantaged group”. “Child belonging to weaker section” has been defined under Section 2(e). Section 2(ee) defines “child with disability”, it reads as under :-

(A) a child with “disability” as defined in clause (i) of Section 2 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (1 of 1996);

(B) a child, being a person with disability as defined in clause (j) of Section 2 of the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 (44 of 1999);

(C) a child with “severe disability” as defined in clause (o) of Section 2 of the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 (44 of 1999);

5. “School” has been defined under Section 2(n). The Section 3 provides that the every child of the age of six to fourteen years, including a child referred to in clause (d) or clause (e) of Section 2, shall have the right to free and compulsory education in a neighbourhood school till the completion of his or her elementary education. The Sub Section 3 of Section 3 reads as under :-

3. Right of child to free and compulsory education-

(1)…..

(2)…..

(3) A child with disability referred to in sub-clause (A) of clause (ee) of Section 2 shall, without prejudice to the provision of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (1 of 1996), and a child referred to in sub-clauses (B) and (C) of clause (ee) of Section 2 have the same rights to pursue free and compulsory elementary education which children with disabilities have under the provisions of Chapter V of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995;

Provided that a child with “multiple disabilities” referred to in clause (h) and a child with “severe disability” referred to in clause (o) of Section 2 of the National Trust for Welfare of Per