The Delhi High Court has ruled that private schools recognized by the government or local bodies are equally bound to provide “inclusive education” and “reasonable accommodation” for children with disabilities under the Rights of Persons with Disabilities (RPwD) Act, 2016.

A division bench of Chief Justice D K Upadhyaya and Justice Tushar Rao Gedela delivered the ruling while dismissing an appeal filed by GD Goenka Public School. The school had challenged a single judge’s July 1 order directing it to re-admit a student diagnosed with autism.

Refusing to interfere with the earlier order, the bench called the school’s opposition to the child’s admission “unfounded” and reflective of a “non-cooperative approach.”

The court underlined that the RPwD Act embodies human rights, ensuring not only non-discrimination but also genuine inclusion of persons with disabilities in education and society. “Such a mandate… is not confined to only funded educational institutions, rather it extends to institutions ‘recognized’ by the government or local bodies,” the judges held, stressing that even fully private schools cannot escape responsibility.

The bench further highlighted that under Section 16 of the Act, institutions are required to identify specific learning disabilities in children and adopt appropriate pedagogical measures to help them overcome such challenges. “It becomes incumbent upon the school not only to detect and recognise the learning disabilities of the child but also to take suitable pedagogical and other measures,” the order stated.

The judgment reinforces that inclusive education is not a matter of discretion but a binding obligation on all schools—public or private—recognized under the law.