The Supreme Court of India has issued a directive to all states and union territories to officially notify the number of sanctioned posts for special education teachers by March 28, 2025. This order comes as a follow-up to the Court’s 2021 judgment, which highlighted the unmet need for qualified teachers to educate children with special needs—a requirement that has seen little to no action in terms of appointments.
Justices Sudhanshu Dhulia and K Vinod Chandran, presiding over the case, expressed concern that many states and UTs have not only failed to appoint teachers on these sanctioned posts but have also neglected to identify the necessary number of posts despite available data on children requiring special education. “Each state and UT shall come out with notifications with the number of posts that they have sanctioned for teachers who have to impart education to children with special needs,” the justices mandated.
The Court’s order specifies that once the posts are sanctioned and notified, advertisements should be published in at least two widely circulated newspapers in each state, in addition to the official websites of the respective education departments and state governments. This is intended to ensure transparency and wide dissemination of the information to attract qualified candidates.
The directive was issued while hearing a plea by Rajneesh Kumar Pandey and 16 other petitioners, all trained special educators, who pointed out the acute shortage of special educators in Uttar Pradesh and other regions. They argued that fulfilling the Right to Education for all children, including those with special needs, is contingent on the availability of adequately trained professionals in every school.
Further addressing the issue of quality in education for children with special needs, the Court remarked on the prevalence of ad hoc contractual teachers who often lack the necessary training and qualifications. It was revealed that in some states, such teachers have been temporarily filling these roles for nearly two decades.
To rectify this, the Supreme Court has ordered the immediate formation of screening committees in each state and UT. These committees are to be comprised of the State Commissioner for Persons with Disabilities, the Secretary of Education, and a nominee from the Rehabilitation Council of India who is an expert in the field. In instances where a disability commissioner is not available, the legal representative or the law secretary of the state may fill in.
