'Policy Decision': Delhi High Court Asks Litigant Seeking Special Syllabus For Autistic Children To Approach Concerned Authorities

The Delhi High Court on Wednesday closed a PIL seeking special syllabus for children suffering from autism observing that it is a policy decision which has to be taken by the concerned authorities.

A division bench comprising Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela asked the litigant, Anish Sharma, to file an appropriate representation to the authorities- Union Government, Delhi Government, CBSE, education boards and other relevant authority.

“Designing a syllabus and having a special policy for strengthening education system for children suffering from autism lies in the realm of a policy decision which has to be taken by the government or the authorities,” the Court said.

It added that instead of rushing to the Court, Sharma should have represented to the authorities concerned for redressal of grievances highlighted in the PIL.

The Bench asked Sharma to do more research on the issue, remarking the children suffering from autism are highly super sensitive and every child has to be treated with a different syllabus. Justice Gedela remarked that while the PIL appeared to be a good move, it lacked in material particulars.

“Have a better research. Move scientific material here. You are expecting the Court to get into this and tell them start doing this… please provide representation to them. It is a policy….Go to the policy makers and not the implementers,” the Court said.

The Bench disposed of the PIL granting liberty to Sharma to approach the concerned authorities by making a detailed representation, outlining problems being faced by children suffering from autosm while they are imparted education and also by making suggestions after a detailed study.

“Once such a representation is made, the authorities concerned are expected to consider the same and take an appropriate decision which will be permissible under law and in the interest of education of children suffering from autism,” the Court said.

Title: Anish Sharma v. DOE GNCTD & Anr