Allahabad High Court mandates the State to enhance infrastructure and services for children with disabilities.

The Allahabad High Court recently issued a significant directive to the State government, mandating the development and upgrading of educational, medical, and support facilities for children with disabilities across all districts. This order came as a result of a petition filed by a teacher seeking a transfer to a school in Ghaziabad or Noida due to her autistic child’s special needs and the frequent medical treatments required in New Delhi.
During the hearing, Justice Ajay Bhanot highlighted that many districts in the State lacked essential infrastructure, including specialized medical care, quality educational opportunities, and other support systems for children with disabilities. The Court emphasized the urgency of addressing these gaps to ensure the well-being and development of such children.
In its ruling, the Court urged the State to take concrete steps towards ensuring the holistic development of children with disabilities. “The State Government is directed to take necessary measures to establish and upgrade appropriate educational, medical, and other support facilities for the holistic development of children suffering from disabilities. These facilities must be developed across all districts,” the Court ordered.
While the Court underscored the importance of improving facilities for children with disabilities, it also addressed the petitioner’s request for a transfer. The teacher had sought the transfer based on her child’s medical needs, but the Court decided not to grant it. The Court observed that the Basic Shiksha Adhikari, which handles transfers for government school teachers, was already overwhelmed with numerous requests, particularly for transfers based on medical grounds.
The Court also clarified that no employee is entitled to a transfer, emphasizing that transfers are a service-related necessity, not a right. “The Parishad is inundated with transfer requests to Noida/Ghaziabad on medical grounds, and the State can’t fulfil all such requests. A transfer is not a right, but a service distress,” the Court noted.
Furthermore, the Court acknowledged the State’s concern that granting a mid-year transfer could disrupt the academic schedule and adversely impact the student’s education. The Court was also informed that the petitioner’s transfer request would be considered in accordance with the State’s transfer policy after the current academic session concluded.
In light of these considerations, the Court closed the petition, noting that the teacher’s transfer request would be addressed according to the established policies.
The petition was represented by Advocates Sayyed Kashif and Abbas Rizvi, while Advocate Archana Singh appeared for some of the respondent authorities. The case highlighted the ongoing need for better services for children with disabilities while also balancing the administrative constraints faced by the State in managing employee transfers.