The Centre and Kendriya Vidyalaya Sangathan (KVS) have told the Delhi High Court the appointment of special educators in its schools for teaching disabled students is under active consideration of the authorities.
The counsel for the Central government and the KVS submitted since it is a policy matter, six months’ time be granted for compliance of statutory provisions.
A bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad granted four months to the authorities to ensure compliance.
“The present matter relates to appointment of special educators in Kendriya Vidyalayas for education of disabled students. The counsel appearing for respondents has informed this court that the matter is under active consideration of the authorities.
“He submits that since it is a policy matter six months’ time be granted for compliance of statutory provisions . Keeping in view the submission made in the application, four months’ time is granted to the respondents to do the needful,” the bench said and listed the matter for further hearing on October 10.
The high court had earlier sought the response of the KVS on a public interest litigation filed by NGO Social Jurist seeking appointment of special educators for students with disabilities studying in Kendriya Vidyalayas.
Lawyer Ashok Agarwal, appearing for the petitioner, had earlier submitted that in spite of an assurance given in 2009, KVS has not recruited any special educators.
The petitioner has prayed for a direction to KVS to forthwith create an adequate number of regular posts of special educators, frame recruitment rules, and recruit at least 2 special educators for each school.
The petition has said the “inaction” over recruiting special educators on a permanent basis is in violation of the fundamental right to education of thousands of students with disabilities as well as the Right of Children to Free and Compulsory Education Act, 2009 and Rights of Persons with Disabilities Act, 2016.
“Respondent KVS till date has neither created permanent posts of Special Educator nor have framed recruitment rules nor have made any recruitment so far. It is also further submitted that despite the fact that respondents have as many as 5701 children with special needs as of December 31, 2021 in KVs across the country, till date, respondents have not taken steps to recruit special educators for the education of children with disabilities,” the petition has stated.
Non-appointment of special educators would not only discourage students with disabilities from continuing their studies but also discourage children with disabilities to take admission in KVs, it has added.
The petition said the factum of respondent special educators in KVs was highlighted by the petitioner in a PIL in 2008, pursuant to which KVS had assured the court that it would not lag in providing facilities to the physically challenged students.
However, that assurance on the part of respondent KVS remained elusive, it claimed.