Grant sanction within 8 weeks for recruitment of special educators: Delhi HC to KVS, Centre
Nov 17, 2022
New Delhi [India], November 17 : The Delhi High Court on Thursday directed Kendriya Vidyalaya Sangathan (KVS) and Centre to sanction within eight weeks, regular posts of special educators in Kendriya Vidyalaya for the education of children with disabilities.
The Bench of Justice Satish Chander Sharma and Justice Subramonium Prasad on Thursday directed the respondents to grant sanction within eight weeks to fill the special educators' post and noted that the recent amendment in Right to Education mandates that the Special educators must be appointed in the concerned schools.
However, KVS in its affidavit stated that at present only 40 Kendriya Vidyalaya have appointed Special Educators. Kendriya Vidyalayas, those who have not engaged Special Educators on a contractual basis, the direction is to be issued to all Regional Offices to appoint the Special Educator on a contractual basis at the earliest.
A proposal for the creation of two regular posts of Special Educators in KVs has been sent to the Ministry of Education. The process of appointment will be done after the sanction of regular posts of Special Educators in KVS from the Ministry of Education, said the affidavit.
Earlier the Court had sought the response of KVS and the Government of India on Public Interest Litigation moved by Social Jurist for direction to create an adequate number of regular posts of Special Educator, frame recruitment rules and recruit at least 2 Special Educators in each of Kendriya Vidyalaya for the education of children with disabilities.
Appearing for petitioner Advocates Ashok Agarwal and Kumar Utkarsh stated that Kendriya Vidyalaya Sangathan, has not recruited any Special Educator till date for the education of the children with disabilities despite the fact that it had in 2009 assured this Court that respondent KVS would not be behind in providing facilities to its physically challenged students.
The petitioner further submitted that respondent KVS has not even created permanent posts of Special Educator, nor framed recruitment rules nor made any recruitment of any Special Educator for the education of children with disabilities despite the fact that as many as 5625 children with disabilities are studying in their vidyalayas.
It was also submitted that the inaction on the part of respondent KVS to recruit an adequate number of Special Educators on a permanent basis violates the fundamental right to education of children with disabilities as guaranteed under Articles 14, 21 and 21-A of the Constitution of India read with provisions of Right of Children to Free and Compulsory Education Act, 2009 and Rights of Persons with Disabilities Act, 2016.
The plea submitted that respondent KVS is running 1244 (including second shift) vidyalayas across the country out of which 49 KVs are situated in Delhi. It was also submitted that according to respondent KVS Annual report 2020-21 there are 1389995 students (758100 Boys and 630795 Girls) out of which 125021 studies in schools of Delhi, plea read.
