Allahabad High Court directs State to upgrade facilities for children with disabilities

The Allahabad High Court recently directed the State government to develop and upgrade educational, medical, and support facilities for children with disabilities across all districts..The Court was hearing a plea filed by a teacher requesting a transfer to a school in Ghaziabad or Noida, citing the special needs of her child with autism and the requirement for frequent treatment in New Delhi.During the hearing, Justice Ajay Bhanot observed that many districts in the State lacked advanced medical facilities, educational opportunities, and other necessary support systems for children with disabilities.The Court, therefore, called for the development of better support systems for such children across the State. The Court emphasized that the State must ensure the holistic development of children with disabilities."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 to order the transfer requested by the teacher before it after noting that State's Basic Shiksha Adhikari (which takes care of primary education in government schools) is already overburdened with transfer requests. The Court emphasized that no employee has a vested right to seek 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 also pointed out that a mid-year transfer may disrupt the academic schedule and may not be in the interest of students. Further, the Court was informed that the petitioner’s transfer request would be considered and decided in accordance with the State's transfer policy after the academic session.Having recorded these submissions, the Court closed the plea. .Advocates Sayyed Kashif and Abbas Rizvi appeared for the petitioner.Advocate Archana Singh appeared for some of the respondent-authorities..[Read Order]