The Delhi High Court on Wednesday dismissed a Public Interest Litigation seeking the formulation of a special education syllabus for children with Autism Spectrum Disorder (ASD), stating that such matters fall under policy decisions that are better handled by the government and relevant educational authorities.
Policy Issue, Not For Courts To Decide
A division bench comprising Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela said the matter involves complex educational policies that require extensive research and scientific input.
The court advised petitioner Anish Sharma to approach the appropriate authorities, such as the Union Government, the Delhi Government, and educational bodies like the Central Board of Secondary Education (CBSE), with a formal representation instead of moving the judiciary.
“Go to policy makers, not implementers,” Justice Gedela remarked during the hearing, highlighting that policy formulation must be backed by empirical data and expert consultation rather than judicial intervention.
Lack Of Data & Scientific Backing
While the court appreciated the intent behind the PIL, it observed that the petition lacked adequate supporting data and a clear direction. The bench emphasized that designing educational syllabi for children with autism requires a nuanced understanding and research-based planning, as each child on the spectrum has unique needs.
“Every autistic child requires a different approach. Such decisions must be informed by in-depth studies and professional insight,” the bench stated, making it clear that the court was not the appropriate forum for such policymaking.
Liberty To File Detailed Representation
Although the PIL was disposed of, the court granted the petitioner liberty to file a comprehensive representation with all relevant authorities. The bench said that Sharma could submit detailed, study-based suggestions and proposals, which the authorities would be expected to examine in accordance with the law.
Autism Spectrum Disorder (ASD) is a neurodevelopmental condition that affects communication, behaviour, and social interaction. It is termed a “spectrum” because symptoms and severity vary widely from person to person. Educational needs for children with ASD often require personalized learning plans, adaptive teaching methods, and specialized support systems—factors that must be considered while drafting any new syllabus.
The judgment underscores the judiciary’s stance on policy-related matters, particularly in specialized fields like education and healthcare. By redirecting the petitioner to the executive branch, the court has maintained the balance of powers while leaving room for advocacy through appropriate channels.
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