Mst. Abhiraj Ojha v. Government Of NCT Of Delhi & ORS.

$~A-28 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 5086/2020 MST. ABHIRAJ OJHA ..... Petitioner Through Ms.Ruchika Mittal, Adv.

versus GOVERNMENT OF NCT OF DELHI & ORS. ..... Respondents Through Ms.Ankita, Adv. for R-1 & 2.

Mr.Rajinder Dhawan, Adv. for R-3.

CORAM:

HON'BLE MR. JUSTICE JAYANT NATH

O R D E R

% 07.08.2020 This hearing is conducted through video conferencing. CM APPL No.18344/2020(exemption) Allowed subject to all just exceptions.

W.P.(C) 5086/2020 & CM APPL No.18343/2020 1.

This writ petition is filed by the petitioner seeking appropriate directions to the respondents to decide the representations of the petitioner's mother dated 31.03.2020 and 20.07.2020 made to respondent No.3/School and respondent No.1, respectively.

2.

The petitioner has an autistic spectrum disorder and is 50% disability. He is studying in Springdales School, Pusa Road under the Children with Special Needs category in Class V.

3.

It is the case of the petitioner's mother that she has made a representation requesting respondent No.1 to consider the petitioner for frees education, the petitioner being a child with special needs as provided under various laws. Reliance is placed on section 31 of the Right of Persons with

Disabilities Act, 2016 to support the aforesaid contention. 4.

Learned counsel appearing for respondents No.1 states that they will decide the representation of the petitioner within two weeks. 5.

There is also an issue raised regarding the liability of the petitioner to pay the fees.

6.

Learned counsel for the petitioner states that the necessary up-to-date fees of respondent No.3 school shall be paid within three weeks from today. 7.

It is confirmed by the learned counsel for respondent No.3 that login ID for online classes of the petitioner has been restored. 8.

In view of the above, without prejudice to the rights and contentions of the parties, let respondent No.1 dispose of the representation of the petitioner dated 20.07.2020 within two weeks as per law. In case, the petitioner is not satisfied with the decision taken by respondent No.1, liberty is granted to the petitioner to take steps against the said decision as per law. 9.

Nothing further survives in this petition. The petition is accordingly disposed of. All pending applications, if any, are also disposed of. JAYANT NATH, J.

AUGUST 07, 2020/v