New Delhi, Jul 17 (PTI) The Supreme Court has warned states and union territories of contempt action for not complying with its orders on the appointment of teachers for children with special needs.
A bench of Justices Dipankar Datta and Augustine George Masih said its orders and directions hadn’t been complied with by the states and union territories.
The bench called upon the 36 states and union territories mentioned in March 7 order to file separate affidavits within three weeks on compliance of the directions.
“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, when these petitions shall be re-listed and explain why action for contempt of court shall not be initiated,” the July 15 order said.
The affidavits were directed to be “sworn by a responsible officer of the education department” of the state/union territory concerned who should not be below the rank of deputy secretary.
The copies of the affidavits were ordered to be shared with senior advocate Rishi Malhotra, who was appointed amicus curiae in the case.
Rajneesh Kumar Pandey moved court through advocate Prashant Shukla over the dearth of special educators in Uttar Pradesh and other states.
On March 7, the top court directed states and union territories to notify by March 28 the number of sanctioned posts of teachers to educate children with special needs.
Despite its 2021 judgment, the apex court said, none of the states or UTs made appointments on such sanctioned posts.
In fact, a large majority of the states didn’t even identify the sanctioned posts required in the state, despite figures on children with special needs being there, it added.
The top court, as a result, directed all the states and union territories to notify the number of sanctioned posts for such teachers.
The order further said the posts were to be sanctioned and notified preferably on or before March 28, 2025.
The notifications were ordered to be published in a minimum of two newspapers with “wide circulation” in the the respective states aside from the websites of the education department and government concerned.
The petition filed by 17 teachers, who claim to have undertaken the required training to teach children with special needs, submitted in order to make Right to Education a success, it was essential to appoint qualified professionals in each school to help kids prepare for life challenges.
The top court said the selection and appointment should be made of qualified or competent or eligible teachers only.
It noted in several states and union territories, ad-hoc contractual teachers were imparting education and conducting classes of such children.
“We have also been informed that in some of the states, these teachers have been continuing for the last 20 years, approximately. For these reasons, the states shall immediately constitute a screening committee,” the top court said.
The committee would comprise the state commissioner for persons with disabilities, secretary, education of the education department, a nominee of the Rehabilitation Council of India, who was a field expert, it added. PTI MNL MNL AMK AMK
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