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A 3-judge bench of the Supreme Court recently issued directions to the central government with regard to employment of teachers and trained professionals in recognized schools for Children/Child with Special Needs (CsWN) and related issues.

The Court has also issued notice to the Secretary of Department of Empowerment of Persons with Disabilities (DEPwD) – Ministry of Social Justice and Empowerment; and Secretary, Ministry of Education, both Government of India, New Delhi, returnable in the first week of March 2022. 

While issuing notice, the Court further ordered that the authorities were also expected to take necessary corrective and remedial steps in light of the  instant decision, to the extent applicable,   including to issue directions to all concerned for reporting compliance.

A petition was filed under Article 32 by Rajneesh Kumar Pandey in representative capacity, to espouse the cause of teachers having B.Ed. (Special) and D.Ed. (Special) degree/diploma courses and fully trained to cater to the requirements of CsWN also known as Divyang,  including to impart them education and make them independent.

The main grievance of the petitioners was against the illegality being committed by the State and its Authorities in employing them in recognized schools on contract basis without any certainty of tenure. 

“According to the petitioners, there is a need to appoint 73,888 special teachers on regular basis to teach 3,69,443 CwSN in the State of Uttar Pradesh and equally large number in the State of Punjab so as to fulfil the required pupil-­teacher ratio i.e., 5:1”, the Court noted.

 A bench of Justices AM Khanwilkar , Dinesh Maheshwari and CT Ravikumar remarked that there was a dearth of rehabilitation professionals or special   teachers recognized and registered by the Rehabilitation Council of India, who alone can impart education and training to handicap person/CwSN.

Relying on the data submitted by Anil Gairola, Under Secretary in the Ministry of Education, the Court noted,

“…the persons with disabilities in India constitute over 2.21 per cent of the total population of the country, as per the census figures of 2011. At present, there are only 1,20,781 special educators registered with the Council. As per the available data with the Unified District Information System for Education, there are 22.5 lakh CwSN in the country. Further, only 4.33 lakh general teachers have been trained to teach CwSN in addition to teaching general children and only 28,535 special teachers are available for children with special needs/CwSN.”

Accordingly, the Court noted that a multipronged approach needed to be adopted by the concerned Authorities with immediate effect with regard to:

1. Notifying the norms and standards of pupil-­teacher ratio for special schools and also separate norms for special teachers who alone could impart education and training to CwSN in the general schools;
2. To create commensurate permanent posts as per the just ratio to be specified by the   competent authority for the rehabilitation professionals/special teachers who can cater to the needs of CwSN;
3. To initiate appointment process to fill­-in vacancies for the posts so created for   rehabilitation professionals/special teachers for being appointed on regular basis which shall be completed within six months from the date of this order or before the commencement of academic year 2022­2023;
4. Training schools/institutions to take steps to augment the number of trained professionals whilst ensuring that the norms and standards specified under the governing laws and regulations including that of the Council for grant of recognition and registration are fulfilled;
5. Services of special trained teachers be availed as itinerant teachers as per the Scheme for School Education within   the school block (cluster schools) to optimize the resource persons and as a stopgap arrangement;
6. Other teachers and staff in the general schools be given compulsory training and sensitized   to handle the CwSN in the general schools, if admitted; and
7. Authorities may also explore the possibility of merging unviable special schools with   relatively viable special schools in the neighbourhood, so as to entail in consolidation of assets and resources for better delivery to the requirements of CwSN.

With a view to ensure that the aforesaid directions are effectively complied with, the bench has directed the State Commissioners appointed under Section 79 of the Rights of Persons with Disabilities Act, 2016 to forthwith initiate suo motu enquiries regarding compliance.

The State Commissioners have been asked to then make recommendation to the appropriate authority (of the concerned State/Union Territory, so that the authority will be obliged to   submit compliance report to the State Commissioner within three months from the date of receipt of recommendation, as mandated under Section 81 of the 2016 Act.  

“The respective State Commissioners may then submit report in respect of compliances/non­-compliances within their concerned State/Union Territory to this Court by end of February, 2022, so that further directions, as may be necessary, can be issued by this Court State/Union Territory wise.”, added the Court.

The Court has directed that the matter be notified in the first week of March, 2022 on a non­-miscellaneous day, for consideration of the reports received from the concerned State Commissioners.

Cause Title: Rajneesh Kumar Pandey & Ors. v. Union Of India & Ors.