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Delhi High Court Orders GD Goenka to Readmit Autistic Child and Affirms RPwD Duties for Private Schools

The ruling clarifies that Section 16 binds government‑recognized unaided schools to provide individualized support, including a parent‑appointed shadow teacher.

Overview

  • A division bench of Chief Justice D.K. Upadhyaya and Justice Tushar Rao Gedela dismissed GD Goenka Public School’s appeal on 23 September and upheld a 1 July single‑judge order for readmission.
  • The court directed the Model Town campus to complete the child’s readmission within two weeks and allow attendance with a parent‑appointed shadow teacher.
  • Judges held that Section 16 of the RPwD Act applies to private, non‑funded institutions recognized by government or local bodies, requiring reasonable accommodation.
  • Citing a court‑appointed expert committee, the bench found the child medically fit for an integrated classroom and faulted the school’s “non‑cooperative” approach.
  • The judgment underscores duties to detect specific learning disabilities and adopt suitable pedagogical measures so students with disabilities can learn alongside peers.