HC pulls up SDMC for not requisitioning special educators in schools, imposes fine of Rs 25K
Jan 25, 2021
New Delhi [India], January 25 : The Delhi High Court on Monday pulled up South Delhi Municipal Corporation (SDMC) for being "callous" and imposed a fine of Rs 25,000 for not sending requisition to Delhi Subordinate Services Selection Board (DSSSB) of 1,132 vacant posts of Special Educator Primary.
The bench consisting of Justice Najmi Waziri was hearing a plea that sought a direction to SDMC to send the requisition of as many as 1,132 vacant posts of Special Educator (Primary) to DSSSB. The plea also sought directions to DSSSB to be directed to issue an advertisement within a week of receipt of such requisition.
The bench directed the personal presence of the SDMC Commissioner if the requisition is not sent in two weeks.
The petitioner, social jurist, a lawyer group stated that the period of more than four weeks have elapsed but to date, neither Commissioner SDMC has taken any final decision nor the requisition of 1,132 vacant posts of Special Educator (Primary) has been sent to DSSSB for an advertisement for selection of teachers.
"These posts are lying vacant for more than 10 years but MCD has not been able to fill-up the same. It is also submitted that despite repeated orders/ directions passed by this Court, earlier, SDMC has not sent requisitions to DSSSB. Needless to say, the delay in appointment of Special Educator (Primary) affects the education of students with disabilities," the petition said.
Advocate Ashok Aggarwal, counsel for the petitioner, sought to initiate the contempt proceeding against respondents alleging disobedience December 20, 2001 order, passed by the Division Bench in 2001, in which the court had directed the respondents to adhere to the time schedule for recruitment of teachers for the years 2003 and thereafter every year as stated in the order.
The plea further said that, due to willful negligence and disobedience of the order of court by the respondents, such situation is "elusive".
The petitioner submitted that the objective, intent, and purpose of the Division Bench's order passed in 2001 was to ensure zero vacancies at the commencement of the academic year.
According to the petition, as of the date over 35,000 teacher posts are lying vacant in the Directorate of Education, Government of NCT of Delhi and over 5,000 teacher posts are lying vacant in 3 MCDs.
Inaction on the part of the respondents to ensure timely recruitment of teachers in MCD and in Government of NCT of Delhi schools resulting in deprivation of the right to education of over 23 lakh students studying in these schools, the plea said.
It also alleges that the students attending Delhi Government and MCD schools belong to lower strata of society and need special attention in this matter by the state machinery.
