Supreme Court Calls for Systemic Reform in Recruitment of Special Teachers for Children with Disabilities

Court: Supreme Court of India

Coram: Hon’ble Justices A.M. Khanwilkar, Dinesh Maheshwari, and C.T. Ravikumar
Case Title: Rajneesh Kumar Pandey & Others v. Union of India & Others
Case No.: Writ Petition (Civil) No.: 876 of 2017

Date of Judgment: 28 October 2021

Brief Background

This public interest petition was filed in a representative capacity, raising a crucial concern: the continued engagement of B.Ed. (Special Education) and D.Ed. (Special Education) trained teachers on a contractual basis by state authorities, particularly in Uttar Pradesh and Punjab, despite their statutory recognition as qualified rehabilitation professionals.

The petitioners contended that this practice undermined both the rights of the teachers and the educational needs of Children with Special Needs (CwSN). They called for regular appointments of special educators in line with the recommended pupil-teacher ratio (PTR) of 1:5, arguing that thousands of positions remain unfilled across the country despite the legal mandates.

Key Developments and Observations

The Supreme Court, during the course of hearing, considered several legal provisions, schemes, and factual reports:

1. Previous Court Directors and Amicus Report 

• The Court had previously directed the State of Uttar Pradesh to survey the population of CwSN and submit progress on recruitment of special educators.
• An Amicus Curiae was appointed to assess the situation on the ground. His report highlighted serious deficiencies in teacher availability, infrastructure, and educational quality across schools for the visually impaired, hearing impaired, and intellectually and physically disabled children.

2. Legal and Policy Framework Considered 

The Court undertook a comprehensive review of the legislative and policy landscape for inclusive education:

• Rehabilitation Council of India Act, 1992 (RCI Act): Mandates that only RCI-registered professionals with recognized qualifications can function as special educators. Any violation is a punishable offence.
• Right of Persons with Disabilities Act, 2016 (RPwD Act): Provides for inclusive education (Sections 16 & 17), free education for children with benchmark disabilities (Section 31), and duties of institutions to cater to diverse needs.
• Right of Children to Free and Compulsory Education Act, 2009 (RTE Act): While it recognizes children with disabilities (Section 2(ee)), its Schedule of norms and standards does not specify PTR for CwSN, which creates a policy gap.
• Sarva Shiksha Abhiyan (SSA) and IEDSS Schemes: These schemes push for inclusion and recognize special educator-to-student ratios, particularly 1:5 under the Inclusive Education of the Disabled at Secondary Stage (IEDSS).

Supreme Court’s Key Findings and Directions

The Apex Court emphasized that the existing laws and schemes, taken together, create a binding obligation on governments to recruit qualified special educators. The lack of clarity in RTE norms was found to be a regulatory shortcoming needing urgent correction.

Major Directions Issued:

1. Central Government to amend the Schedule of the RTE Act, 2009, under Section 20, to include specific pupil-teacher ratios for CwSN, ensuring uniform standards across the country.

2. In the interim, until the amendment is notified, existing ratios in other enactments and schemes, particularly the 1:5 ratio under IEDSS, must be followed.

3. Only qualified, recognized, and RCI-registered rehabilitation professionals should be appointed as special educators. Ad-hoc arrangements and dilution of standards cannot be allowed.

4. The Court took note of communications from the Rehabilitation Council of India (RCI) and CBSE, both highlighting the need for proper qualifications and adherence to inclusive education norms.

5. The Court strongly reminded authorities of their duty to ensure compliance with inclusive education mandates under the RPwD Act and the UNCRPD, to which India is a signatory.

Significance of the Judgment

This judgment is a milestone in advancing the cause of inclusive education in India. It clarifies the legal status of special educators as rehabilitation professionals, mandates strict adherence to disability-specific PTRs, and calls for coherence between education laws and disability rights frameworks.

Importantly, the Supreme Court relied upon and cited the 2019 order of the Mr. TD Dhariyal, the State Commissioner for Persons with Disabilities, NCT of Delhi in the case of Ms. Reshma Parveen vs. Director Education & Others , which had recommended two Special Educators per school in Delhi and had detailed disability-specific teacher-pupil ratios. This reflects the growing judicial recognition of the persuasive value of administrative orders under the RPwD Act.

Conclusion

Through this judgment, the Supreme Court has reaffirmed that inclusive education is not a charity, but a legal right of children with disabilities, and that trained special educators are not expendable stopgaps, but integral professionals essential to realizing this right.

The verdict sets a strong precedent for systemic reform, and should serve as a wake-up call for education departments across the country to align their policies with the rights-based framework enshrined in Indian law.

Read the judgement