HC imposes Rs 25K fine on Delhi Municipality for not requisitioning special educators in schools

The Delhi High Court Monday pulled up the South Delhi Municipal Corporation (SDMC) and imposed a cost of Rs 25,000 on it for not sending to the DSSSB the requisition of over 1100 vacant posts of special educators in the schools run by the civic body. Justice Najmi Waziri said the authorities should show better alacrity for people who need special care but their conduct displays callous negligence for such citizens.

The court noted that on December 18, 2020, the corporation was directed to expedite the process and urgently send the requisition to Delhi Subordinate Services Selection Board (DSSSB) so that the process for recruitment can be initiated and it was granted three weeks to do so. However, even after over four weeks today, the corporation has not sent requisition to DSSSB for initiation of the process, the high court said.

“For this the corporation shall pay Rs 25,000 to the petitioner within two weeks. Should the requisition not be sent in two weeks, the commissioner of SDMC shall file a personal affidavit explaining the reasons and shall be present before the court on the next date of hearing on February 10,” the judge said. The high court questioned the corporation for not recruiting special educators and not filling 1132 vacant posts.

“These children need special care and need and that special care comes from teachers who are trained in it,” it observed. The high court was hearing a contempt petition by the NGO Social Jurist against the Delhi government, DSSSB and MCDs to ensure zero teacher vacancy in schools here. The contempt petition was filed following orders of a division bench regarding the initiation of recruitment to fill up over 1000 unfilled vacancies of special education teachers.

The high court passed the Monday's order in a fresh application filed by the NGO's counsel Ashok Agarwal saying that more than four weeks have elapsed after passing of last order but till date neither the SDMC commissioner has taken any final decision not the requisition of 1132 vacant posts of special educators (primary) has been sent to DSSSB for 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. Despite repeated orders/ directions passed by this court, SDMC has not sent requisitions to DSSSB. “Needless to say that delay in appointment of special educators (primary) affects education of students with disabilities,” he submitted. The counsel for DSSSB has earlier informed the court that out of the total requisition for 1540 posts of Special Educators received till 2017, dossiers of 445 selected candidates were sent to the municipal corporations. The high court was earlier informed that the Lieutenant Governor has granted relaxation of age and one time relaxation of Central Teacher Eligibility Test (CTET) qualification to those who had obtained it after the cut-off date but before their appointment for special educators in the municipal corporation schools.