IN THE HIGH COURT OF JUDICATURB^AT BILASPUR CHHATTISGARH W.P. No. ^llft of 2004 ;,^;s. ^^f^ ^.^^ la'""usl:ll*sist3 o.. v'^' '^^ PETITIONER Nami Singh Thakur, S/o. Late .•••"'.v •^fc?'' Chandideen Thakur (Total Blind), aged 27 years, Occupation - Study (M.A. Final) R/o.Village Jhulnakala, Tahsil - Mungeli, District - Bilaspur (C.G.) VERSUS ^<yy^ :w ^ ..••'"'.^"' fffT ^0-"^'3'-..--''^ ^•'\<&®*?'-fl[^ s.®:...^ t^' RESPONDENTS1 ^ ^ ^ •\, 2. 3. ,1^ State of Chhattisgarh, Through Secretary Social Welfare Department, D.K.S. Bhawan, Raipur (C.G.) Director Panchayat &, Social Welfare D.K.S Bhawan, Raipur (C.G.) Joint Director Panchayat 85 Social Welfare, Bilaspur (C.G.) WRIT PETITION UNDER ARTICLE 226/227 OF CONSTITUTION OF INDIA ^ T-~ t:^ HIGH COURT OF JUDICATURE CHHATTISGARH: BILASnHt (Division Bench) CORAM : Hon'bte Shri A.K. Patnaik, CJ & Hon'ble Shri D.R. Deshmukh, J. WRtT PETITION NOA118 OF 2004 Nami Singh Thakur Versus State of Chhaffisgarh and Others Present: Mrs. Hamida Siddique, Advocate for the peUtioner. Mr. Sanjay S Agrawal, Govt. Advocate for the respondente/ State of Chhattisgarh ORDER (Passedon 22nd of September, 2005) The following oral Order of the Court passed by A.K. Patnaik, CJ; - The petitioner is a blind person and has passed his 5 class examination in the year 1993 from the Blind School, Bilaspur. Since there were no facilities for education beyond 5 class for blind persons at Bilaspur, he went to Jabalpur and completed his school education in Jabalpur upto Class-X in the year 1996. Thereafter, he has completed his Higher Secondary School Studies at Jabalpur in ttie year 2000. He is presently studying M.A. in Jabalpur (M.P.). Having faced all these d'rtficulties to pursue his studies as a blind person he has filed this writ pet'rtion on behalf of blind, deaf and dumb people in the State of Chhattisgarh as a public interest litigation and has stated in the writ petition that in the State of Chhattisgarh there is no educational institution for the -2-. " 7 disabled induding the blind from Class-Vtll to Class-XII. He has also stated in the writ petition that none of the schools have hostel facility for girls and even the facilities of Library, Braille Books, Music System ete. are available in the schools. The petiBoner has accordingly prayed appropriate directions be issued to Uie State Government to provide all these facilities. (2). Return has been filed on behalf of the State of Chhattisgarh and it is stated therein that the Secretary, Social Welfare Department of Chhattisgarh has taken a decision for up-gradation of the Middte Schools for the btind, deaf and dumb students upto the Higher Secondary Schools. Pursuant to the said decision, th®Superintendent, Govemment Btind and Deaf School, Raipur / Bilaspur has taken steps for recognition by the Board of Secondary Education, ChhatBsgarh and the Govemment Blind and Deaf School at Bilaspur has already been granted such recognition upto the Higher Secondary level, but the Government Blind and Deaf School at Raipur is yet to be recognized by the Board of Secondary Education, Chhattisgarh. In the said return, it is also stated that National Association for the Blind, Branch Raipur has provided hostel facility as well as educationalfacilityto the blind giris. (3). Mrs. Hamida Siddique, learned counsel appearing for the petitioner submitted that the facilities so far provided in the State of ChhatUsgarh are totally inadequate for the blind, deaf and dumb people. She submitted that ther®are no adequate number of hostels for the girls, Library, Brailie Books, Music System ete. She also submitted ttiat enough training facilities are not available in the said schools. She referred to the provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full ParticipaUon) Act, 1995 to show that the Government is 3 'l .6;' under obligation to provide all these facilities for the disabled persons including the blind, deaf and dumb persons. (4). Mr. Sanjay S Agrawal, learned counsel appearing for the State of Chhattjsgarh/ respondents, on the other hand, relying on the return filed by the respondents submitted that since the main relief in the writ petition was for providing education upto the Higher Secondary level for the blind, deaf and dumb has been granted by the Government itsetf, no further direction need be given in ttiis case. (5). Sections 26, 27, 28, 29, 30 and 31 of the Persons with Disabilities (Equal Opportunities, ProtecUon of Rights and Full Participation) Act, 1995 (hereinafter referred to as "the Act, 1995)make elaborate provisions regarding education of the disabled persons and the said sections are quoted herein below: "26. Appropriate Govemments and local authorities to provide children with disabilities free education, etc. The appropriate Govemments and local authorities shall - (a) ensure that every child with a disability has access to free education in an appropriate environment till he attains the age of eighteen years; (b) endeavour to promote the integration of students with disabilities in the normal schools; (c) promote setting up of special schoote in Government and private sector for those in need of special education, in such a manner that children wlth disabilities living in any part of the country have access to such schools; (d) endeavour to equip the special schools for children with disabilities wtth vocational training facilities. -4 ,) ' \. 27. Appropriate Governments and local authorities to make schemes and programmes for non-formal education, etc. - The appropriate Governments and the local authorities shall by notificah'on make schemes for - (a) conducBng part-time classes in respect of children with disabilities who having completed education up to class frfth and could not continue their studies on a whole-time basis; (b) conducting special part-time classes for providing functional literacy for children in the age group ofsixteen and above; (c) imparting non-formal education by utilizing the available manpower in rural areas after giving them appropriate orientation; (d) imparting education through open schools or open universities; (e) conducting classes and discussions through interactwe electronic or other media; 0) providing every child with disability free of cost special books and equipments needed for his education. 28. Research for designing and developing new assistive devices, teaching aids, etc. - The appropriate Govemments shall initiate or cause to be initiated research by official and non-government agencies for the purpose of designing and developing new assistive devices, teaching aids, special teaching materials or such other items as are necessary to gwe a child with disability equal opportunities in education. 29. Appropriate Governments to set up teachers' training institutions to develop trained manpower for schools for chitdren with disabilities. - The appropriate Governments shall set up adequate number of teachers' fraining institutions and assist the national institutions and other voluntary organizaUons to develop teachers' training programmes specializing in disabilities so that requisite trained manpower is available for special schools and integrated schools for children with disabilities. 30. Appropriate Governments to prepare a comprehensive education scheme providing for transport facilities, supply of books, etc. - Without prejudice to the foregoing provisions, e appropriate Govemments shall, by notification, prepare a comprehensive education scheme which shall make provision for- (a) transport facilities to the children with disabilities or in the altemative financiat incentives to parents or guardians to enable their children with disabilities to attend schools; (b) the removal of architectural bamers frorn schools, colleges or other institutions imparting vocational and professional training; (c) the supply of books, uniforms and materials to children with disabilities, attending school; (d) the grant of scholarehip to students wfth disabilities; (e) setting up of appropriate for a for the redressal of grievances of parents regarding the placement of their children with disabilities; (f) suitable modification in the examination system to eliminate purely mathematical questions for the benefit of blind students and students with low vision; (g) re-structuring of curriculum for the benefit of children with disabilities; (h) re-stNcturing the curriculum for the benefit of students witti hearing impairment to facilitate them to take only one language as part oftheir curriculum. 31. Educational institutions to provide amanuensis to students with visual handicap. - All educational - (, institutions sha!! prov'de or cause to be provided amanuensis to bl'nd students and studsnts with !ow vis'on." (R) A reading of Sect'on 26 of the Act, 1995 wou'd show that the appropriats Govsrnmsnts and !oca! authorities 'sha'l' snsure that evsry ch.ild '"ith a disabi'ity has access to frse sducatio" i" an appropriats snysrQnment ti!l he attains the age of eighteen ysars. SectiQ" 26 further provides that appropriate Go'.'ernments and the !oca! author'ties "sha!!" promQte sstting up of spsc'al schoois in Govsrnmsnt and Pr'vate sector for those in need of spscial education in such a manner that ch'ldren with d'sabiiities I'ving sn any part of the country have access to such schools. Ths section a!so pro'/ides that appropriste Go'.'emments and !oca! authoritiss wi!! endeavour to squip the spscia! schoQ's fo' chi'drsn "v'th disabilities with vocational trainins facilities. Section 2? of th.e Act, 1995 casts obligation on the appropriate GQ'.'emments and the loca! author'ties to make schemes by "QtificatiQ" for inter a!ia providing every chiid with disabi!ity free of cost specia! books and squspments needed for his education. Section 28 of the Act, 1995 proy'des that the appropr'ate Governments sha!! snitiate or causs to be initiated research by officia! anci non-gnv$rnpiQnt agenc'ss for ths purpose of designing and dsye'oping nsw sssistive dsvices, tesching sids, specisl tosschip.g mstGrssls Qf such othsr itsms as are necsssary to fivs a chi!d with c!isab'!ity equa! Qpportunities in sducat'on. Ssctio" 30 of the Act, 1995 imposes an ob!igat!Qn on the aDpropriats GQ'/srnments to prepare a comprehensiye sducstion schsme whsch sha!! msk^ prQvlsto" for 'ntsr sHs suppiy of books, un'fQfrns snd materia's to ch'ldren '."ith disabilities attending schoo!. Ssction 31 of ths Act, 1995 proyides that a!! sducstiona! institutiQns sha!! provids or causs t" hg ^rovided anianusns's to b!ind studersts snd stuc'srsts w*th lowvJsiQn. ^- (?). Ths aforesaid pro'.'isions ha'.'s bscoms ths psrt of Isw of land s'nce 1995 a"d yst the Stats Goysrnment has not taken steps to dischargs the'r Qbligations undsrthe aforesaid provis'ons ofthe Act, 1995. The language of the pro'.'isiQns of ths Sections 26, 27, 28,29,30 and 31 of the AcS, 1995 makss it ctear that thsse gre ths stafaitory dutiss impossd on the appropr'afs Govsrn'nents a"d /or toca! suthorities. The iaw is ws" setS'sd that ths High Court can a'ways 'ssus a mandamus o" ths auftoritiss to perform their statutory duties. (8). Accordingly, we dispose of this writ petit'Q" '."."th a dsrectio" that the Stats GQVemrnent W!il snsur0 thst vyithin s yssr from todsy the thrs^ bl'nd. dssf and dumb GQVsrn"''ent Schoo's at Bi'aspur, Raipur and Jagdaipur are upgraded to 12 standard (Higher Secondary Education), and pro'vide Brai!!e Boo.ks, Music Systsms, ns>" assistivs ds'.'ises, tsaching aids, specia! tsaching mater'ais and othsr itsms as are necessa.'y fo give a chi'd who is bH.nd, deaf snd dumb, equa! Qpportunitiss in educatio". Ths Stats GQvarnmsnt w!! a!so r"ak° a cornprshsns"/s sducation schsme for supp'ying ths books, uniforms and materials to such childrs" who ars blind, dsaf and dumb attsnding ths schoo! and niaks a" other facilities 3vai!ab!e as contsmpiated by the aforesa'd provisions of ths Act, 1 995. The Stats Go'.'srnment wi!! a!so find out as to whethsr ths three existing Go'/ernment Schoofs sr©sufFic!9"t to take csrs of ths b!'rid. dQ3f snd dumb childrsn in ths State of Chhattisgarh for thn purposs of thsir educatio" and if the State Go'.'ernment finds that ths fchree schoo's are inadequats, the" it ".'i!! take stsps for opsn'ng up nsw schools in coRiplisncs of thsir aforssaid QbJ'QstiQHS ufidor fh° Act. 1995. Sd/- Chief Justice Subbu' Sd;- Dilip Raosaheb Deshmukh Judge