Despite the clarion call of UNCRPD 2006 for embracing the Human rights model of disability, and to recognize right to education as one of the enablers for evolving the dignified social identity of PWD, in India we are engaged in needless debate whether Special education is a norm and inclusive education is an Exception. In Its recent order, Supreme court defied the unequivocal mandate of sections 16 and 17, RPWD Act 2016 by purporting to create a false classification of PWDs to push ‘Blind, Hearing impaired and Autistic’ under the veil of Special Schools. Is this approach in line with India’s obligation under UNCRPD? Does it not vitiate the mandate of Article 24 of UNCRPD? And ultimately does it not negate the constitutional and social identity of certain sections of disability? are some of the questions I would grapple in this paper. I would argue for a context sensitive and flexible education policy by recognizing option of special education with due focus on inclusive education.