Allahabad HC Orders Better Facilities for Disabled Children

Allahabad HC Orders Better Facilities for Disabled Children

The Allahabad High Court has directed the State government to enhance and upgrade educational, medical, and support facilities for children with disabilities in all districts. 

The directive came while hearing a plea by a teacher seeking a transfer to a school in Ghaziabad or Noida to address the special needs of her child with autism, who requires frequent treatment in New Delhi. 

Justice Ajay Bhanot noted that many districts in the State lack advanced medical infrastructure, educational opportunities, and essential support systems for children with disabilities. 

Emphasizing the importance of holistic development for such children, the Court urged the State to establish comprehensive support systems to cater to their needs statewide.

"The State Government is directed to take steps to develop appropriate educational and medical facilities and also other support systems for holistic development of children suffering from disabilities. Such facilities are liable to be developed and upgraded in all districts," it ordered.

The Court, however, declined the teacher's request for a transfer, observing that the State's Basic Shiksha Adhikari, responsible for overseeing primary education in government schools, is already overwhelmed with transfer applications. 

It further underscored that no employee has an inherent right to demand a transfer.

"Parishad is overburdened with requests for transfer to Noida/Ghaziabad on medical grounds. It is impossible for the State to accommodate all such requests. Transfer is an exigency of service. No employee has any vested right to be transferred to any particular place," it said.

The State's counsel argued that a mid-year transfer could disrupt the academic schedule, potentially affecting students' interests. 

The Court was also informed that the petitioner’s transfer request would be evaluated in line with the State's transfer policy after the academic session concludes. 

Taking note of these submissions, the Court disposed of the plea.

Advocates Sayyed Kashif and Abbas Rizvi appeared for the petitioner.

Advocate Archana Singh appeared for some of the respondent-authorities.

 
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