Ensure free education for children with benchmark disabilities


Ensure free education for children with benchmark disabilities
The Issue
The right to education is a fundamental right guaranteed by the Constitution of India. However, children with benchmark disabilities (CwBD) often face insurmountable barriers in accessing quality education, despite clear provisions in the law that mandate free education for all, particularly those who are most vulnerable.
In my case, titled Anushka Priyadarshini Versus Director, National School of Open Schooling (NIOS), I approached the Hon'ble Court of Chief Commissioner for Persons with Disabilities in the year 2023 in the capacity of a child with disability under 18 year old, advocating for the enforcement of section 31 of the Rights of Persons with Disabilities Act, 2016. This section unequivocally states the obligation of educational boards to provide free education to children with benchmark disabilities, ensuring they are not left out of the educational framework.
So far, two hearings have been conducted, and a notice has been duly issued to the Department of School Education and Literacy, Government of India. Yet, despite the lapse of more than six months, the Department has failed to file its reply or take any meaningful action. This silence is not procedural delay—it is administrative apathy that directly harms children with disabilities.
Despite the legal framework in place, numerous educational institutions, including the National School of Open Schooling, have consistently failed to uphold these rights, leaving many CwBD without the education they rightfully deserve. This negligence not only violates statutory obligations but also undermines the principles of equality and inclusiveness enshrined in our nation’s ethos.
The National School of Open Schooling, as a significant body responsible for reaching out to students with disadvantage and diverse backgrounds, holds a critical role in this scenario. However, its failure to provide free education to CwBD is a breach of its duty and a denial of justice to thousands of children who are left without opportunities to learn, grow, and contribute meaningfully to society.
Immediate action is required to address this gross injustice. The National School of Open Schooling must revamp its policies and operational procedures to ensure compliance with the law.
I urge the people of India and the World to stand behind this cause, advocating for the rights of these children. By signing this petition, you are adding your voice to a critical movement that seeks to build a fair and just educational landscape, where every child, regardless of their disabilities, is afforded the opportunity to learn for free and to realize their fullest potential.
My Personal Journey: After completing Grade 12, I have been denied enrolment in any post-secondary educational programme solely due to my disability. The University of Delhi has refused to grant me admission on this ground, effectively excluding me from higher education. I have therefore approached the Hon’ble Court of the Chief Commissioner for Persons with Disabilities, where my case has been under consideration since September 2024.
Sign this petition to ensure that the National School of Open Schooling, along with other educational bodies, adheres to their legal obligations and that CwBD receive the free education they deserve under the law.

61
The Issue
The right to education is a fundamental right guaranteed by the Constitution of India. However, children with benchmark disabilities (CwBD) often face insurmountable barriers in accessing quality education, despite clear provisions in the law that mandate free education for all, particularly those who are most vulnerable.
In my case, titled Anushka Priyadarshini Versus Director, National School of Open Schooling (NIOS), I approached the Hon'ble Court of Chief Commissioner for Persons with Disabilities in the year 2023 in the capacity of a child with disability under 18 year old, advocating for the enforcement of section 31 of the Rights of Persons with Disabilities Act, 2016. This section unequivocally states the obligation of educational boards to provide free education to children with benchmark disabilities, ensuring they are not left out of the educational framework.
So far, two hearings have been conducted, and a notice has been duly issued to the Department of School Education and Literacy, Government of India. Yet, despite the lapse of more than six months, the Department has failed to file its reply or take any meaningful action. This silence is not procedural delay—it is administrative apathy that directly harms children with disabilities.
Despite the legal framework in place, numerous educational institutions, including the National School of Open Schooling, have consistently failed to uphold these rights, leaving many CwBD without the education they rightfully deserve. This negligence not only violates statutory obligations but also undermines the principles of equality and inclusiveness enshrined in our nation’s ethos.
The National School of Open Schooling, as a significant body responsible for reaching out to students with disadvantage and diverse backgrounds, holds a critical role in this scenario. However, its failure to provide free education to CwBD is a breach of its duty and a denial of justice to thousands of children who are left without opportunities to learn, grow, and contribute meaningfully to society.
Immediate action is required to address this gross injustice. The National School of Open Schooling must revamp its policies and operational procedures to ensure compliance with the law.
I urge the people of India and the World to stand behind this cause, advocating for the rights of these children. By signing this petition, you are adding your voice to a critical movement that seeks to build a fair and just educational landscape, where every child, regardless of their disabilities, is afforded the opportunity to learn for free and to realize their fullest potential.
My Personal Journey: After completing Grade 12, I have been denied enrolment in any post-secondary educational programme solely due to my disability. The University of Delhi has refused to grant me admission on this ground, effectively excluding me from higher education. I have therefore approached the Hon’ble Court of the Chief Commissioner for Persons with Disabilities, where my case has been under consideration since September 2024.
Sign this petition to ensure that the National School of Open Schooling, along with other educational bodies, adheres to their legal obligations and that CwBD receive the free education they deserve under the law.

61
The Decision Makers
Petition Updates
Share this petition
Petition created on 28 December 2025