Case Title: Saurabh Subbiah Vs Union Of India And Others
Case No.: Writ Petition No. 16753 of 2025
Next Date of Hearing: 22 July 2025
Introduction:
In a significant move for inclusive education and disability rights, the Madhya Pradesh High Court has issued notice to the Centre and State authorities on a Public Interest Litigation (PIL) seeking the appointment of special educators in private schools across Jabalpur city.
The PIL, filed by petitioner Saurabh Subbiah, draws attention to the lack of compliance with mandatory legal provisions under the Rights of Persons with Disabilities Act, 2016, the Right of Children to Free and Compulsory Education Act, 2009, and schemes such as Sarva Shiksha Abhiyan—all of which collectively mandate the inclusion of children with disabilities in regular school settings, supported by trained special educators and appropriate infrastructure.
Court Proceedings:
The Division Bench comprising Acting Chief Justice Sanjeev Sachdeva and Justice Vinay Saraf heard the matter on June 17, 2025, and issued notice to the respondents. The notice was accepted by counsel appearing for the Union of India and for the state authorities. Upon request, the court granted time for the respondents to file their replies. The matter is now listed for further hearing on July 22, 2025. [Read the Court Order dt 17 June 2025 here (PDF 69 KB)]
Key Allegations:
The petitioner has asserted that:
- Even prestigious private schools in Jabalpur lack basic infrastructure and do not have special educators.
- There is a clear failure to implement the statutory mandates that protect the rights of children with disabilities.
- This non-compliance undermines inclusive education, which is not only a policy priority but a legal obligation.
The plea highlights an “eminent need” for trained personnel and infrastructural support for children with disabilities, and argues that meaningful inclusion in mainstream schools cannot happen without systemic enforcement of these mandates.
Reliefs Sought:
The petitioner seeks directions from the High Court to:
- Ensure strict compliance with relevant disability rights laws.
- Mandate the appointment of special educators in every private school in Jabalpur city.
- Ensure the provision of inclusive infrastructure in accordance with legal and policy frameworks.
Echoes of the Supreme Court’s Landmark Judgment:
This case is part of a broader struggle for enforcement of inclusive education mandates. In the landmark Supreme Court judgment in Rajneesh Kumar Pandey & Others v. Union of India & Others, Writ Petition (Civil) No. 876 of 2017, the Apex Court had already emphasized the systemic gaps and non-implementation of laws relating to inclusive education. In its detailed judgment delivered on 28 October 2021, the three-judge bench of Justices A.M. Khanwilkar, Dinesh Maheshwari, and C.T. Ravikumar held that:
“The lack of trained special educators and appropriate infrastructure is a serious impediment to the enforcement of the fundamental right to education for children with disabilities.”
The Supreme Court had called for time-bound action plans, setting up of monitoring cells, and periodic audits to ensure implementation of inclusive education mandates.
Read our full coverage of the Supreme Court judgment here:
🔗 Supreme Court Calls for Systemic Reform in Inclusive Education (October 2021)
Why This PIL Matters:
Despite the Supreme Court’s intervention nearly four years ago, ground-level implementation continues to falter. The Madhya Pradesh High Court’s action signals the judiciary’s continued role in upholding the rights of children with disabilities, especially when executive inaction persists.
This PIL could have far-reaching implications—not just for Jabalpur, but for private schools across India, many of which continue to sidestep their statutory responsibilities under the RPWD Act and RTE Act.
We will continue to track developments in this matter and share updates following the next hearing.
📝 For more updates on disability rights litigation and policy, stay tuned to Disability Rights India.
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