The court of Justice S Ravindra Bhat and Justice Vipin Sanghi noted that the issue of persons with disabilities had not been taken up by the court while looking into the regulatory powers of the DoE.
During the hearing, amicus curiae Ravi Gupta and senior advocate Kirti Uppal, who had appeared for the petitioner, also pointed out that the DoE had failed to submit the data on the facilities available in various private unaided schools for CWSNs.
The lawyers informed the court that every recognised school, aided or unaided, has to fill specific information regarding facilities for CWSNs. This is submitted annually to the government under the Unified District Information System (UDISE) run under the aegis of National University of Educational Planning and Administration.
The court then pulled up the DoE for not submitting the data even though it was allegedly available.
“Our anxiety was that the maximum number of children get admission this year. If schools have given data on facilities available, it was your job to submit it. Admissions are open already and data is not there,” the court said.
The DoE, however, argued that the data was “primary data” and that it was in the process of creating a system for verification on the basis of a format prepared by the Rehabilitation Council of India.
Source: The Indian Express, 23rd Dec 2014