The Supreme Court has issued a stern warning to all states and union territories (UTs) over their failure to comply with its repeated directives on the appointment of qualified teachers for children with special needs, cautioning that non-compliance could invite contempt proceedings.
A bench comprising Justices Dipankar Datta and Augustine George Masih noted that its earlier orders, including a clear directive issued on March 7, 2025, had largely gone unheeded. That order had required all 36 states and UTs to notify by March 28 the number of sanctioned posts for special educators — a mandate that the court said had not been fulfilled even four months later.
“In the event any State/Union Territory fails to file such affidavit, the Additional Chief Secretary/ Principal Secretary/ Secretary, Education Department of each such State/Union Territory shall remain present on the next date of hearing, i.e., August 29, 2025, and explain why action for contempt of court shall not be initiated,” the court warned in its July 15 order.
The court directed that each state and UT must file a compliance affidavit — sworn by a responsible officer not below the rank of deputy secretary — within three weeks. These affidavits are to be submitted to senior advocate Rishi Malhotra, who is assisting the court as amicus curiae.
The matter reached the top court through a petition filed by Rajneesh Kumar Pandey, represented by advocate Prashant Shukla, highlighting the critical shortage of special educators in Uttar Pradesh and other states. Another petition filed by 17 trained special educators stressed that the success of the Right to Education Act depended on the presence of qualified professionals in every school to guide children with special needs.
Despite a 2021 Supreme Court judgment, the bench observed, most states had not appointed a single teacher for children with disabilities, nor had they even identified how many such positions were needed — even though data on such children existed.
The court reiterated that states must not only sanction and notify posts of special educators by March 28, 2025, but must also ensure public notification through widely circulated newspapers and government websites.
Highlighting the ongoing reliance on ad-hoc or contractual educators, the bench noted, “In several states and UTs, such contractual teachers have been working for nearly two decades.” To address this, the court ordered all states and UTs to set up a screening committee comprising the State Commissioner for Persons with Disabilities, the Education Secretary, and a nominee of the Rehabilitation Council of India with field expertise.
The court concluded that only qualified, competent, and eligible teachers must be selected and appointed to support children with special needs, in line with constitutional and statutory mandates.
The matter will be taken up next on August 29, 2025, with the possibility of contempt proceedings if compliance is not demonstrated.
