Published: 12th April 2022
Delhi High Court seeks response from KVS on appointment of special educators for students with disabilities
Students with disabilities will be discouraged from continuing their studies but will also be discouraged from taking admissions in KVs if special educators are not appointed
A response was sought from the Kendriya Vidyalaya Sangathan (KVS) by the Delhi High Court on Monday, April 11. This was regarding public interest litigation (PIL) seeking the appointment of special educators for those students who have disabilities and are studying in Kendriya Vidyalayas (KVs).
It was on the petition of NGO Social Jurist that the bench, which was headed by Acting Chief Justice Vipin Sanghi and comprising Justice Navin Chawla, issued the notice and KVS will now need to file an affidavit that will disclose particulars and details regarding the special educators who have been appointed by them for their schools, as stated by a report in PTI.
KVSs were also asked to state if there are any schools where special educators haven't been appointed. In spite of assurances given in the year 2009, Lawyer Ashok Agarwal, who was appearing on behalf of the petitioners, submitted that KVS has not recruited any special educators.
It is the prayer of the petitioner for a direction to KVS to forthwith create enough regular posts of special educators, frame recruitment rules and recruit at least two special educators for each school.
The petition stated that if there is inaction in recruiting special educators, that too on a permanent basis, it would be 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 have 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 31.12.2021 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, as quoted in a report by PTI.
Students with disabilities will be discouraged from continuing their studies but will also be discouraged from taking admissions in KVs if special educators are not appointed, it mentioned.
The petition also mentioned how the factum of respondent special educators in KVs was also highlighted by a petitioner's PIL back in the year 2008, pursuant to which, KVS had assured the court that it will not fail in offering facilities to those students who are physically challenged.
But these assurances on part of respondent KVS remained elusive, the petition claimed. Next, the matter will be heard on November 17, 2022.