08-08-2025
Private schools can't deny admission to children with disability. They are legally bound to admit them
By Somya Jain
In July 2025, the Delhi High Court directed a private school in Delhi to re-admit a Class I student with autism who had previously been denied admission due to her disability. While the child was enrolled, the school raised concerns about her behaviour and repeatedly urged the family to withdraw her, which eventually led to her exit. However, when the parents later sought re-admission, the school refused, again citing her behaviour, despite being aware of her disability. In this current case, the Court not only ordered the child's re-admission but also directed the school to provide her with the necessary support to access her education (Aadriti Pathak vs GD Goenka Public School).
The instances that led to the case show that the legal protections for children with disabilities remain poorly understood. The private schools continue to violate these rights with little accountability, and parents, often unaware of the protections available, are left to navigate the consequences. This also happens due to the misconception that the responsibility to support children with disabilities lies solely with government schools, and not private institutions.
This assumption doesn't stand the legal scrutiny. The Rights of Persons with Disabilities Act, 2016 (RPWDA) is a dedicated legislation for the protection and promotion of the rights of persons with disabilities in India, which includes the right to inclusive education. In particular, Section 16(i) of the RPWDA mandates that all schools — both public and private, recognised by government and local authorities — admit children with disabilities without discrimination. Section 16 also requires all schools to make their premises and facilities accessible and provide necessary accommodations based on the child's individual needs. Thus, private schools have binding obligations towards children with disabilities.
Another widespread misconception is that children with disabilities are meant to study only in 'special schools' designed exclusively for them. The RPWDA firmly rejects this idea. It establishes that every child with a disability has the right to inclusive education, which means a system where children with and without disabilities learn together. Therefore, schools do not have the discretion to direct parents towards special schools or suggest that children with disabilities do not belong in 'regular' classrooms. In fact, Section 12(c) of the Right of Children to Free and Compulsory Education Act, 2009, mandates that private schools reserve 25 per cent of entry-level seats for children from disadvantaged groups.
While these legal provisions exist on paper, their violations are common. Numerous complaints filed by parents reveal how routinely schools deny admission to children with disabilities. In The Child vs State of Tamil Nadu (2023), a case similar to that of Aadriti Pathak, the Madras High Court directed a school to admit a child with autism after it had initially refused admission due to the unavailability of a special educator. Complaints submitted to the Chief and State Commissioners for Persons with Disabilities also highlight the scale of the issue, where schools continue to cite lack of infrastructure or trained staff as reasons for denying admission.
To put an end to such rampant violations and ensure that the law is meaningfully enforced, both parents and schools must be aware that these legal provisions are non-negotiable. Failure to comply can lead to consequences such as fines, loss of recognition of the school and judicial directions to comply with the law. Interestingly, remedies for denial of admission have also been observed under the Consumer Protection Act, 2019. In Sneh Lata vs Bal Bharti Public School (2023), the Gurgaon District Consumer Disputes Redressal Commission directed the school to pay compensation of Rs 25,000 to parents for denying admission to their child with a hearing impairment.
When legal rights are not widely known, violations go unchallenged, and those responsible remain complacent. This is especially true for children with disabilities, many of whom, particularly those with invisible disabilities like autism, go unidentified, and their entitlements are never exercised. As the law and policy landscape gradually shifts toward inclusion, it's time for the public to do its part: Stay informed, demand accountability, and ensure that no child is left behind simply because no one knew their right ever existed.
The writer is a research fellow at Vidhi Legal Centre
