- (1.) The petitioner approached this Court with the following prayers : "(a) For an appropriate writ, order or direction, declaring that no child living with or affected by HIV/AIDS shall be denied admission in any educational institution, whether public or private, solely on the ground of her/his HIV-positive status (actual or perceived) or HIV-positive status (actual or perceived) of her/his parents), guardians or any other family member. (b) For an appropriate writ, order or direction, declaring that no child living with or affected by HIV/AIDS shall be suspended or expelled from any educational institution, whether public or private, solely on the ground of her/his HIV-positive status (actual or perceived) or HIV-positive status (actual or perceived) of her/his parents, guardians or any other or any other family member. (c) For an appropriate writ, order or direction, declaring that there shall not be segregation of children living with or affected by HIV/AIDS in schools and that there shall be no separate schools for children living with or affected by HIV/AIDS and that children living with or affected by HIV/AIDS shall be supported and enabled to attend regular schools with other children. (d) For an appropriate writ, order or direction directing the Union of India to frame and notify comprehensive guidelines under Section 35(1) of the RTE Act 2009, pertaining to children living with and affected by HIV/AIDS in schools, covering issues of right to education without any discrimination and confidentiality of their HIV-positive status to be implemented by the appropriate governments, local authorities and School Management Committees respectively. (e) For an appropriate writ, order or direction directing the State Governments and Union Territories to issue notification under Section 2(d) of the RTE Act, declaring that children living with and affected by HIV/AIDS fall in the category of 'disadvantaged children' for the purposes of the RTE Act, like the State Governments of Andhra Pradesh, Karnataka, Uttarakhand and Manipur."
(2.) This Court passed the following order on 31.3.2017 : "Certain Rights accrue to all children under the Right of Children to Free and Compulsory Education Act, 2009. Certain additional rights also accrue to children under the above Act, if they are declared as belonging to a disadvantaged group, by a notification issued by any individual State Government, under Section 2(d) of the above Act. We are informed that 11 States and 1 Union Territory have issued such notifications, declaring children living with or affected by HIV, as belonging to a disadvantages group. We are of the prima facie view, the State Governments need to consider the issuance, so as to include children living with or affected by HIV, to be notified as belonging to a disadvantaged group under Section 2(d), within four weeks from today. Ordered accordingly. Such of the State Governments as are unwilling to voluntarily issue a notification as aforementioned, may file an affidavit before this Court, within four weeks, indicating the reasons why they consider it unnecessary to issue such a notification. Respondent No.1 shall communicate the instant order to all Secretaries in States of the Department of School Education within a week from today."
(3.) In continuation of the directions issued by this Court, we are informed, that the Union of India addressed a communication to the Education Secretaries of all States (except the State of Jammu and Kashmir) and Union Territories (having legislatures), a letter dated 6.4.2017. The subject and text of the above letter, is reproduced below : "Subject : Inclusion of HIV affected children within definition of "child belonging to Disadvantaged Group" as defined under Section 2(d) of the Right of Children to Free and Compulsory Education (RTE) Act, 2009. Sir/Madam, I am directed to refer to the order dated 31.03.2017 of the Hon'ble Supreme Court of India in Writ Petition (Civil) No.147/2014 on the issue of HIV affected children (copy enclosed). 2. The Hon'ble Supreme Court has ordered that all children living with or affected by HIV, need to be notified as belonging to a disadvantaged group under Section 2(d) of the RTE Act, 2009 within four weeks of the order. 3. In this regard, you are requested to take appropriate action as per the directions of Hon'ble Supreme Court and issue suitable notification under intimation to this Department. Encl: as above." ;