Inclusive Education in Private Schools: The Delhi HC Ruling
- Oct. 24, 2025, 4:56 p.m.
The Delhi HC ruled on Tuesday (23.9.2025) that the preparations for reasonable accommodation and comprehensive education under the Rights of Persons with Disabilities Act apply not only to government-funded schools but to private schools recognised by the local bodies or government as well.
A division bench containing Justice Tushar Rao Gedela and Chief Justice DK Upadhyaya heard an appeal by GD Goenka Public School, which had challenged an individual judge’s July 1 order guiding the school to re-admit a child diagnosed with autism. Taking the judge’s conclusion, the bench declined the school’s objections and reported its denial to re-admit the child as non-cooperative and unfounded.
The court held that the rights ensured under the RPwD Act constitute basic human rights created not only to prevent discrimination but to ensure that persons with disabilities are given chances to participate completely in society as well. With these provisions, the court observed, the aim is to encourage comprehensive education as defined in Section 2(m) and sensible accommodation as defined in Section 2(y) of the Act.
Further, the bench clarified that Section 16 of the RPwD Act is not fixed to funded schools; it covers schools that are recognised by the local bodies or the government as well. Hence, non-funded and private schools cannot claim exemption from these responsibilities.
The court highlighted that the RPwD Act requires schools to identify particular learning disabilities in children and to carry out suitable pedagogical measures to assist them in overcoming these problems. Therefore, the bench agreed that GD Goenka Public School must soon recognise and address the learning requirements of the child by taking over support mechanisms and appropriate teaching strategies to ensure literal inclusion.
