When will KVS appoint special educators for disabled students? Hearing takes place at Delhi HC

The Centre and the Kendriya Vidyalaya Sangathan (KVS) told the Delhi High Court the appointment of special educators in its schools for teaching disabled students is under active consideration by the authorities. The court was hearing a Public Interest Litigation (PIL) filed in this regard today, May 8.

The PIL was filed by Social Jurist, an NGO seeking the appointment of such special educators in KV schools. Lawyer Ashok Agarwal, appearing for the petitioner, had earlier submitted that despite an assurance given in 2009, KVS has not recruited any special educators, according to a PTI report.

In today's hearing, the counsel for the Central government and the KVS submitted that six months be granted for compliance with the statutory provisions, as it was a policy matter. 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 the appointment of special educators in Kendriya Vidyalayas for the education of disabled students. The counsel appearing for respondents has informed this court that the matter is under active consideration by the authorities. He submits that since it is a policy matter six months be granted for compliance with statutory provisions. Keeping in view the submission made in the application, four months is granted to the respondents to do the needful," the bench said.

The petitioner had further 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 stated that the "inaction" over recruiting special educators permanently was 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 the Rights of Persons with Disabilities Act, 2016.

"Respondent KVS to date has neither created permanent posts of Special Educator nor has framed recruitment rules nor has made any recruitment so far. It is also further submitted that even though respondents have as many as 5701 children with special needs as of December 31, 2021, in KVs across the country, to date, respondents have not taken steps to recruit special educators for the education of children with disabilities," the document added.

"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 said. The petition further mentioned that 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," the petition claimed. The bench listed the matter for further hearing on October 10, as per PTI.