MUMBAI : Bombay High Court will hear on Monday a petition filed last year by a seven year old boy who was removed from a Pune school because of his stammer. He urged the court to enforce his right to free and compulsory education saying stammer is not a physical disability and that therapy can cure it.
Shaun Santamaria, a student of St Xavier's Pre-Primary School, Camp, in his petition filed through his father Francis, has sought Rs 2 lakh compensation to be paid to his parents for mental trauma caused due to the insensitive attitude'' of the school.
Shaun was among 120 students selected for admission to Upper Kindergarten (UKG) in 2011 out of over 1000 applicants interviewed. The school is run by the Poona Jesuits Schools Society. His petition said he performed well at the tests and also got a fair'' rating in final report card. But the school refused to promote him to Standard I of St Vincent Primary and High School ( belonging to the same group) and orally instructed his parents to search for some other school. ''
His petition states it was shocking for his parents because the admission process of all other schools was completed in January 2012. It also said that Shaun's parents admit he has a speech problem and cannot pronounce some words clearly but therapy had help and he can now pronounce the sounds which he earlier found difficult to. The school has termed the same as physical disability.
However, the same is not a disability as any speech problem can be taken care of by a speech therapy,'' Shaun's petition states. It added that could have sought help of a counselor or child expert to work on improving Shaun's speech. It also added that Right To Education Act mandates free and compulsory education to all children between 6-14 years.
Shaun's petition said the National Commission for Protection of Child Rights wrote to State Education Department to investigate and file an action taken report. The June 4 , 2012 report by Director of Education (Primary) said prima facie '' the Society has mentally harassed the child and his parents'' and are liable for action under Section 17 of RTE and that the Education Officer is thinking of filing an FIR. '' Shaun's petition says he has moved HC for relief because there has been no follow-up by the authorities. It appears that none of the authorities are serious in protecting the rights of children,'' it added.
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