MP High Court Seeks Response on PIL Demanding Special Educators in Private Schools Across Jabalpur

Court: MP High Court at Jabalpur
Case Title: Saurabh Subbiah Vs Union Of India And Others
Case No.: Writ Petition No. 16753 of 2025

Date of Hearing: 17 June 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.

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 

Towards Inclusive Education in Delhi: A Landmark Order on Special Educators in Schools by SCPD Delhi in Reshma Parveen Vs. Director of Education NCT of Delhi & Ors.

Court: State Commissioner for Persons with Disabilities, Delhi
Presided by: Sh. T. D. Dhariyal
Case No. : Case No. 824/1014/2019/04/9072-84
Case Title: Ms. Reshma Parveen vs. Director of Education, NCT of Delhi & Others
Date of Judgement/Order: 31.12.2019

Brief Introduction

In a significant stride toward inclusive education, the Court of the State Commissioner for Persons with Disabilities, Delhi, issued a detailed and progressive order on December 31, 2019, in the matter of Ms. Reshma Parveen vs. Director of Education, NCT of Delhi & Others (Case No. 824/1014/2019/04/9072-84). This case highlights the systemic gaps in the recruitment of Special Educators (SETs) in Delhi’s schools and underlines the urgent need to provide equitable education to children with disabilities as mandated by the Rights of Persons with Disabilities (RPwD) Act, 2016.

Notably, this order was subsequently referred to by the Hon’ble Supreme Court of India in the case of Rajneesh Kumar Pandey & Others v. Union of India & Others [W.P. (C) No. 876 of 2017, decided on 28 October 2021], while addressing the critical issue of recruitment and deployment of Special Educators across India. The Supreme Court bench comprising Justices A.M. Khanwilkar, Dinesh Maheshwari, and C.T. Ravikumar relied on the findings and directions of the State Commissioner’s order to strengthen the national discourse on inclusive education.

Background of the Case
Ms. Reshma Parveen, a CTET-qualified Special Educator with a 58% locomotor disability and RCI registration, brought to the Court’s attention a critical implementation failure: despite a 2009 Delhi High Court direction requiring two Special Educators per school, most of Delhi’s 5700 government schools still do not have even one.

Her demands included:

• Permanent recruitment of at least two Special Educators (Primary) in each school.
• Immediate deployment of contractual or guest Special Educators as a stop-gap.
• Proper employment opportunities for trained Special Educators.
• Quality education access for children with disabilities.

Key Submissions from Respondents

Various agencies presented fragmented and incomplete responses:

• North DMC: Claimed recruitment was the South DMC's responsibility. 700 posts had been forwarded to DSSSB.
• Delhi Cantonment Board: Had only contractual Special Educators—none permanent.
• NDMC: Trained 38 teachers, but had no regular Special Education cadre.
• EDMC: Operating with 92 SETs across 354 schools, with cluster-model plans due to shortfall.
• Directorate of Education: No sanctioned posts at primary level, though 2048 SET posts exist at higher levels. SETs often deployed for cross-disability roles without RCI-sanctioned training.
• RCI: Objected to DoE's practice of deploying unqualified teachers across disability types, citing violation of Section 13 of the RCI Act.
• NCTE: Failed to respond to key questions regarding qualification and eligibility frameworks.

Expert Opinions and Key Observations

Recognizing the complexity and lack of a standard formula for teacher deployment, the Commissioner convened consultations with education and disability experts. Highlights include:

• No clear norm exists on the required number of SETs per school.
• Disability-specific teacher-pupil ratios were recommended:
• 1:8 for VI, HI, Cerebral Palsy
• 1:5 for ID, ASD, SLD
• 1:2 for Deafblind and multiple disabilities
• While the cluster model was viewed as a temporary fix, it was unanimously emphasized that RCI-approved qualifications (D.Ed. for primary, B.Ed. for higher levels) must be maintained.
• The system must treat SETs at par with general teachers, with the ability to teach all students.

Directions & Recommendations by the Court

The Commissioner, invoking powers under Section 75 of the RPwD Act, issued wide-ranging, time-bound directives:

1. Creation of two SET posts per school, with specialization across all RCI-recognized disabilities.
2. Deployment strategy based on disability-wise student data and appropriate teacher-student ratios.
3. Conversion of general teaching posts into SET posts where feasible.
4. Establishment of resource centers in schools or clusters (within 2–3 km radius).
5. Reform of recruitment rules and service conditions to enable SETs to teach children with and without disabilities.
6. Curriculum reform:

• NCTE to integrate compulsory modules on sign language, Braille, and inclusive pedagogy in B.Ed./D.Ed.
• NCERT to provide online training on the Swayam platform.

7. Mandatory training for in-service teachers on disability inclusion.
8. Ministry of Education to issue model guidelines on inclusive education for replication nationwide.

On RCI’s concern, the Commissioner clarified that RCI registration is not required for every teacher, but orientation and training in inclusive practices is essential for all.

Reference in Supreme Court Judgment

The Supreme Court of India, while deciding Rajneesh Kumar Pandey & Others v. Union of India & Others (W.P. (C) No. 876 of 2017), explicitly referred to this 2019 order of the State Commissioner. The Apex Court recognized its evidentiary and policy value in demonstrating the gaps and practical measures needed to ensure educational rights of children with disabilities under Article 21A of the Constitution and the RPwD Act. The reference in a constitutional bench decision highlights the legal relevance and persuasive authority of orders passed by State Commissioners under Section 75 of the Act.

Conclusion and Impact

This comprehensive and well-reasoned order is a landmark in administrative jurisprudence on inclusive education. It not only addresses the staffing gaps in schools but also provides a blueprint for systemic reform in teacher training, resource allocation, and policy coordination across departments.

The State Commissioner’s reliance on multi-stakeholder consultation—from experts to implementing agencies—and the insistence on a rights-based, data-driven, and disability-specific strategy reflects the spirit of the RPwD Act and India's commitment under the UN Convention on the Rights of Persons with Disabilities (UNCRPD).

As the order awaits compliance reports from authorities, it becomes an essential resource for disability rights advocates, policy makers, and educators seeking to ensure every child with a disability in Delhi—and across India—gets the education they are entitled to.

Read the Order 

Special Educators & Barrier Free Private schools remains a distant dream despite Court Orders

Dear colleagues,

Please refer to my earlier blog entry titled  Delhi High Court directs the private schools to make their schools barrier free and inclusive dated 07th May 2013 detailing the implications of Delhi High Court Judgement in WP(C) 4618/2011.   The Department of Education, Govt. of Delhi has been sleeping over this judgement dated 05th Sep 2012 in the matter titled Social Jurist Versus Govt of NCT of Delhi  [WP (C) 4618/2011](click on the case number to access the Judgement) indicates how serious the government has been on the issues related to the education of the children with disabilities in Delhi.

The government made no efforts to ensure whether the judgement was implemented in its true letter and spirit by the strong lobby of private unaided schools. It only woke up after the matter has been again taken up through another PIL titled Pramod Arora Versus Lt. Governor of Delhi  & others [WP (C) 1225 of 2014] in which the Hon'ble Delhi High Court passed another judgement  03rd April 2014.   (click on the case number to access the Judgement).

Now the Directorate of Education, Govt. of Delhi vide its Notification No. DE-15/Act-I/WPC-1225/2014/25415-25416 dated 04.08.2014 regarding appointment of special educators & making the buildings/ schools premises barrier free to provide access to children with disabilities has directed the Private unaided schools to update the data whether they have made appointments of special educators in their schools or not and whether they ensure barrier free environment in their schools as per the directions of the Hon'ble Court in the above two judgements. A copy of the above notification is pasted below in the image format.

We hope the Govt. will be serious this time to bring the defaulting private unaided schools to book and ensure that the inclusive education becomes a reality.

Media Coverage: Daily Pioneer

SPECIAL EDUCATORS FOR UNAIDED PVT SCHOOLS

Tuesday, 05 August 2014 | SR | New Delhi

After facing the ire of the Delhi High Court, the Directorate of Education (DoE) on Monday issued a notice to all unaided private schools of Delhi to recruit special educators and make their schools premises barrier-free so as to provide movement and access to the children with disabilities. The notice has been issued by the directorate following a mandate by the High Court asking for a compliance report at the earliest.

According to a notice issued by Additional Director of Education Madhu Teotia, the unaided private schools of Delhi must comply with the 2012 order of the High Court which directed the schools to appoint special educators for disabled students.  The court granted time till September 9 this year to appoint these special educators and time till March 2013 to make the school premises barrier-free. The matter of appointment of special educators for the disabled children and other connected issues, have again been agitated before the High Court during the proceedings of another case, wherein, the court directed the department to submit a compliance report with regard to the same along with other related directions,” Teotia said.

The notice also highlights that despite several reminders to private schools, this matter was not taken seriously. Teotia had asked the schools to upload special educators and disabled children related information on a module which has been made available on the Directorate of Education website.

“However, it has been found that most of the schools are still to upload the requisite information on the website. Therefore, in strict compliance, private schools must upload the requisite information regarding disabled children on the department's website on the aforesaid module immediately if not done so already. They should additionally appoint special educators in their schools, if not appointed so far, at the earliest but not later than the time granted by the court. They must also make their building, school premises barrier-free for the disabled children immediately, if not done yet,” Teotia informed.

To ensure complete compliance of the mandate, Teotia has asked all Deputy Directors of Education to monitor this case on top priority as “being a High Court matter even contempt of the court is involved.”

The Deputy Directors of Education are expected to bring the status report in this case on August 6 to a meeting with Director of Education Padmini Singla. They are supposed to also bring along with them the names of the defaulting private schools and initiation of action against such schools. “Non-compliance of the order shall be viewed seriously,” informed Teotia.  

--

Delhi High Court directs the private schools to make their schools barrier free & inclusive

Dear Colleagues,

After its order directing all private and government schools in Delhi to appoint Special educators for children with disabilities and provide necessary teaching and learning material earlier, the Delhi High Court, on a petition by Social Jurist has ordered to make all private schools barrier free for the disabled. It was brought to the notice of the court that private schools do not have adequate physical and academic infrastructure for children with disabilities and thus children forced in to these institution continued to face discrimination.

It was pointed out in the petition that there are 2039 unaided recognized private schools (1260 recognized by Directorate of Education (DoE), GNCTD and 779 recognized by MCD) and 258 aided recognized private schools (214 aided by DoE, GNCTD and 44 aided by MCD) in Delhi and most of them do not have the provisions of basic physical as well as academic infrastructure, including Special Educators as required for the education of the children with disabilities; These schools also did not provide barrier free infrastructure to the children with disabilities. This violated Right of Children to Free and Compulsory Education (RTE) Act, 2009 of such children as guaranteed under Articles 14,15,21, 21-A & 38 of the Constitution of India as well as contrary to the provisions of Delhi School Education Act, 1973, Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, U.N. Convention on Rights of Child (1989) and U.N. Convention on Rights of Persons with Disabilities (2006).

The bench of Hon'ble Acting Chief Justice and Hon'ble Mr. Justice Rajiv Sahai Endlaw while hearing the petition W.P.(C) No.4618/2011 titled  Social Jurist, A civil rights group versus Govt. of NCT of Delhi directed all recognised, aided and unaided private schools in Delhi to appoint special educators and to make their buildings/school premises barrier-free for children with disabilities. The Director of Education has been directed to ensure that the Court Orders were followed and to de-recognise any school that has not made its premises disabled-friendly.

The court has now granted time up until March 31, 2013, to the schools to make their premises barrier-free and to appoint special educators with the next two years.

“Schools where children with special needs are already admitted or will be admitted hereafter shall immediately make provision for special educators...no school shall refuse admission to children with disability for the reason of not employing special educators or not providing barrier-free access on the school premises,” the court order says.

The court has also clarified that the capital expenditure on making the school building and premises barrier free so as to allow free movement to children with disability has to be incurred by the schools from their own coffers and is not reimbursable by the Government as Section 19 of the RTE Act requires all schools, as a condition for their recognition, to provide a barrier free access in their buildings.

The Court ordered that the schools where children with special needs are already admitted or will be admitted hereafter shall immediately make provision for Special Educators and further ordain that no school shall refuse admission to children with disability for the reason of not employing Special Educators or not providing barrier free access in the school premises. 

It may be pertinent to mention here that earlier a Division Bench of the Delhi High Court in matter Social Jurist, A Civil Rights Group Vs. Govt. of NCT of Delhi 163 (2009) DLT 489 had directed the GNCTD as well schools run by local bodies namely NDMC, MCD and Cantonment Board to ensure that each school shall have at least two special educators and that necessary teaching aids and reading materials are provided to children with disability. However, this did not cover the Private schools.

Those who want to go through the detailed order, Click here. W.P.(C) No.4618/2011

Media Coverage

Indian Express-  Make pvt schools barrier free for disabled: HC

regards

Subhash Chandra Vashishth

Advocate

Delhi High Court directs the private schools to make their schools barrier free & inclusive

Dear Colleagues,

After its earlier order directing all private and government schools in Delhi to appoint Special educators for children with disabilities and provide necessary teaching and learning material, the Delhi High Court, on a petition by Social Jurist has now ordered to make all private schools barrier free for the disabled. 

It was brought to the notice of the court that private schools do not have adequate physical and academic infrastructure for children with disabilities and thus children forced in to these institution continued to face discrimination.

It was pointed out in the petition that there are 2039 unaided recognized private schools (1260 recognized by Directorate of Education (DoE), GNCTD and 779 recognized by MCD) and 258 aided recognized private schools (214 aided by DoE, GNCTD and 44 aided by MCD) in Delhi and most of them do not have the provisions of basic physical as well as academic infrastructure, including Special Educators as required for the education of the children with disabilities; These schools also did not provide barrier free infrastructure to the children with disabilities. This violated Right of Children to Free and Compulsory Education (RTE) Act, 2009 of such children as guaranteed under Articles 14,15,21, 21-A & 38 of the Constitution of India as well as contrary to the provisions of Delhi School Education Act, 1973, Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, U.N. Convention on Rights of Child (1989) and U.N. Convention on Rights of Persons with Disabilities (2006).

The bench of Hon'ble Acting Chief Justice and Hon'ble Mr. Justice Rajiv Sahai Endlaw while hearing the petition W.P.(C) No.4618/2011 titled  Social Jurist, A civil rights group versus Govt. of NCT of Delhi directed all recognised, aided and unaided private schools in Delhi to appoint special educators and to make their buildings/school premises barrier-free for children with disabilities. The Director of Education has been directed to ensure that the Court Orders were followed and to de-recognise any school that has not made its premises disabled-friendly.

The court has now granted time up until March 31, 2013, to the schools to make their premises barrier-free and to appoint special educators with the next two years.

“Schools where children with special needs are already admitted or will be admitted hereafter shall immediately make provision for special educators...no school shall refuse admission to children with disability for the reason of not employing special educators or not providing barrier-free access on the school premises,” the court order says.

The court has also clarified that the capital expenditure on making the school building and premises barrier free so as to allow free movement to children with disability has to be incurred by the schools from their own coffers and is not reimbursable by the Government as Section 19 of the RTE Act requires all schools, as a condition for their recognition, to provide a barrier free access in their buildings.

The Court ordered that the schools where children with special needs are already admitted or will be admitted hereafter shall immediately make provision for Special Educators and further ordain that no school shall refuse admission to children with disability for the reason of not employing Special Educators or not providing barrier free access in the school premises. 

It may be pertinent to mention here that earlier a Division Bench of the Delhi High Court in matter Social Jurist, A Civil Rights Group Vs. Govt. of NCT of Delhi 163 (2009) DLT 489 had directed the GNCTD as well schools run by local bodies namely NDMC, MCD and Cantonment Board to ensure that each school shall have at least two special educators and that necessary teaching aids and reading materials are provided to children with disability. However, this did not cover the Private schools.

Those who want to go through the detailed order, Click here. W.P.(C) No.4618/2011

Media Coverage

Indian Express-  Make pvt schools barrier free for disabled: HC 

regards

Adv Subhash Vashishth