RAJNEESH KUMAR PANDEY & ORS. v. UNION OF INDIA & ORS.

A (i) Nineteen specified disabilities have been defined; (ii) the persons with disabilities enjoy various rights such as right to equality, life with dignity, respect for his or her integrity, etc., equally with others; (iii) duties and responsibilities of the appropriate B Government have been enumerated; (iv) all educational institutions funded by appropriate Government shall provide inclusive education to the children with disabilities;

C (v) a National Fund is proposed to provide financial support to persons with disabilities; (vi) stakeholders’ participation in the policy making through Central and State Advisory Boards; (vii) increase in reservation in posts from existing three percent, D to five percent, in the vacancies for persons or class of persons with benchmark disabilities in every establishment and reservation of seats for students with benchmark disabilities in higher educational institutions; (viii) setting up of National Commission and State Commission E to act as Grievance Redressal Mechanism, monitor implementation of the proposed legislation replacing the Chief Commissioner and State Commissioners for persons with disabilities, respectively; (ix) guidelines to be issued by the Central Government for F issuance of certificates of specified disabilities; (x) penalties for offences committed against persons with disabilities; and (xi) Court of Session to be designated as Special Court by the State Government in every district to try offences. G

5. The Bill seeks to achieve the above objects.” (emphasis supplied) One of the salutary provisions of the 2016 Act which may have bearing on the issue under consideration, is the definition clause. The H expression “barrier” is defined in Section 2(c); “care-giver” in Section

RAJNEESH KUMAR PANDEY & ORS. v. UNION OF INDIA 1193 & ORS. [A. M. KHANWILKAR, J.]

2(d); “discrimination” in Section 2(h); “high support” in Section 2(l); A “inclusive education” in Section 2(m); “person with benchmark disability” in Section 2(r); “person with disability having high support needs” in Section 2(t); “public facilities and services” in Section 2(x); “rehabilitation” in Section 2(za) and “specified disability” in Section 2(zc). As regards the subject of education, the same can be discerned from B Chapter III under the heading “Education”. Section 16 deals with “Duty of educational institutions”, which reads thus: - “CHAPTER III EDUCATION

16. Duty of educational institutions. — The appropriate C Government and the local authorities shall endeavour that all educational institutions funded or recognised by them provide inclusive education to the children with disabilities and towards that end shall— (i) admit them without discrimination and provide education and opportunities for sports and recreation activities D equally with others; (ii) make building, campus and various facilities accessible; (iii) provide reasonable accommodation according to the individual’s requirements; E (iv) provide necessary support individualised or otherwise in environments that maximise academic and social development consistent with the goal of full inclusion; (v) ensure that the education to persons who are blind or deaf or both is imparted in the most appropriate languages and modes and means of communication; F (vi) detect specific learning disabilities in children at the earliest and take suitable pedagogical and other measures to overcome them; (vii) monitor participation, progress in terms of attainment levels and completion of education in respect of every G student with disability;” (viii) provide transportation facilities to the children with disabilities and also the attendant of the children with disabilities having high support needs.” (emphasis supplied) H

p. 1194 Copy page pinpoint

A Section 17 envisages specific measures to promote and facilitate inclusive education, which reads thus: - “17. Specific measures to promote and facilitate inclusive education.— The appropriate Government and the local authorities shall take the following measures for the purpose of B section 16, namely:— (a) to conduct survey of school going children in every five years for identifying children with disabilities, ascertaining their special needs and the extent to which these are being met: C Provided that the first survey shall be conducted within a period of two years from the date of commencement of this Act; (b) to establish adequate number of teacher training institutions; D (c) to train and employ teachers, including teachers with disability who are qualified in sign language and Braille and also teachers who are trained in teaching children with intellectual disability; (d) to train professionals and staff to support inclusive E education at all levels of school education; (e) to establish adequate number of resource centres to support educational institutions at all levels of school education; F (f) to promote the use of appropriate augmentative and alternative modes including means and formats of communication, Braille and sign language to supplement the use of one’s own speech to fulfil the daily communication needs of persons with speech, communication or language disabilities and enables them G to participate and contribute to their community and society; (g) to provide books, other learning materials and appropriate assistive devices to students with benchmark disabilities free of cost up to the age of eighteen years; H

RAJNEESH KUMAR PANDEY & ORS. v. UNION OF INDIA 1195 & ORS. [A. M. KHANWILKAR, J.]

(h) to provide scholarships in appropriate cases to students with benchmark disability; (i) to make suitable modifications in the curriculum and examination system to meet the needs of students with disabilities such as extra time for completion of examination paper, facility of scribe or amanuensis, exemption from second and third language courses; (j) to promote research to improve learning; and (k) any other measures, as may be required.” (emphasis supplied) C Section 18 casts obligation on the appropriate Government and local authorities to make arrangements to promote, protect and ensure participation of persons with disabilities in adult education and continuing education programmes equally with others. Chapter VI of the 2016 Act deals with special provisions for persons with benchmark disabilities. D Section 31 under the said Chapter envisages free education for children with benchmark disabilities. The same reads thus: - “CHAPTER VI SPECIAL PROVISIONS FOR PERSONS WITH BENCHMARK DISABIITIES E

31. Free education for children with benchmark disabilities.— (1) Notwithstanding anything contained in the Rights of Children to Free and Compulsory Education Act, 2009 (35 of 2009), every child with benchmark disability between the age of six to eighteen years shall have the right to free education F in a neighbourhood school, or in a special school, of his choice. (2) The appropriate Government and local authorities shall ensure that every child with benchmark disability has access to free education in an appropriate environment till he attains the age of eighteen years.” G Another significant provision is reservation of seats in higher educational institutions being Section 32, which reads thus: - “32. Reservation in higher educational institutions.— (1) All Government institutions of higher education and other higher H

p. 1196 Copy page pinpoint

A education institutions receiving aid from the Government shall reserve not less than five per cent. seats for persons with benchmark disabilities. (2) The persons with benchmark disabilities shall be given an upper age relaxation of five years for admission in institutions of higher B education.” To ensure that the concerned authorities discharge their responsibilities in the spirit of the provisions of the 2016 Act, Section 74 provides for the appointment of Chief Commissioner and Commissioners by the Central Government, and Section 79 empowers the State C Government to appoint State Commissioner in concerned State. The functions of the Chief Commissioner and State Commissioners are more or less similar. For the sake of convenience, we may advert to Section 80 of the Act, which reads thus: - “80. Functions of State Commissioner.— The State D Commissioner shall— (a) identify, suo motu or otherwise, provision of any law or policy, programme and procedures, which are in consistent with this Act, and recommend necessary corrective steps; E (b) inquire, suo motu or otherwise deprivation of rights of persons with disabilities and safeguards available to them in respect of matters for which the State Government is the appropriate Government and take up the matter with F appropriate authorities for corrective action; (c) review the safeguards provided by or under this Act or any other law for the time being in force for the protection of rights of persons with disabilities and recommend measures for their effective implementation; G (d) review the factors that inhibit the enjoyment of rights of persons with disabilities and recommend appropriate remedial measures; (e) undertake and promote research in the field of the rights of persons with disabilities; H

RAJNEESH KUMAR PANDEY & ORS. v. UNION OF INDIA 1197 & ORS. [A. M. KHANWILKAR, J.]

(f) promote awareness of the rights of persons with A disabilities and the safeguards available for their protection; (g) monitor implementation of the provisions of this Act and schemes, programmes meant for persons with disabilities; B (h) monitor utilisation of funds disbursed by the State Government for the benefits of persons with disabilities; and (i) perform such other functions as the State Government may assign.” C (emphasis supplied) Section 81 is another significant provision which implicitly mandates the State authority to take necessary action on the basis of recommendation made by the State Commissioner, referred to therein and to submit action taken report within three months from the date of D receipt of the recommendation. This is a peremptory tenet mandating the concerned authority to give effect to the recommendation made by the State Commissioner unless it does not accept it for reasons to be so recorded and conveyed to the State Commissioner for Persons with Disabilities within three months and also informing the aggrieved person. Section 81 reads thus: - E “81. Action by appropriate authorities on recommendation of State Commissioner.— Whenever the State Commissioner makes a recommendation to an authority in pursuance of clause (b) of section 80, that authority shall take necessary action on it, and inform the State Commissioner of the action taken within F three months from the date of receipt of the recommendation: Provided that where an authority does not accept a recommendation, it shall convey reasons for nonacceptance to the State Commissioner for Persons with Disabilities within the period of three months, and shall also inform the aggrieved person.” G The State Commissioner has been endowed with the powers referred to in Section 82 of the 2016 Act to enable him/her to discharge the functions specified in Section 80 of the Act.

42Copy pinpoint42. The 2016 Act, in a way, is a general enactment for giving effect to the rights of persons with disabilities which includes the CwSN. H

p. 1198 Copy page pinpoint

A But, when it comes to subject of education, a separate Chapter has been provided for fastening responsibility coupled with duty upon the appropriate Government, local authorities and the concerned educational institutions in matters specified therein (Sections 16 and 17). The purport of these provisions is to make available a platform to the CwSN to avail the rights of full participation by means of inclusive and quality education in the neighbourhood school. For giving effect to this mandate, it is essential for the concerned authority and more particularly for the schools imparting education to CwSN, to ensure that a just pupil-teacher ratio is maintained without exception, including as specified under the law made by the Parliament or the scheme enunciated by the executive in that regard.

43Copy pinpoint43. It has been noticed that to give effect to the spirit of the 2016 Act, a communication bearing No. CBSE/AFF/Circular 13/2017 dated 13.6.2017, had been sent by the Deputy Secretary (Affiliation) of the Central Board of Secondary Education17 to all concerned, directing to follow the provisions of the 2009 Act by appointing special educators to ensure quality education for all children including CwSN. The Circular reads thus: - “CENTRAL BOARD OF SECONDARY EDUCATION No/CBSE/AFF/Circular 13/2017 E Date: 13.06.2017 SUB: MANDATORY APPOINTMENT OF SPECIAL EDUCATOR IN ALL SCHOOLS- REG (Ref.- Circular No. CBSE/ACAD/JS&IC(A&T)/2015: dated F 25.06.2015) This is in continuation to CBSE circular No. CBSE/ACAD/ JS&IC(A&T)/2015 dated 25.06.2015. As per Rule No.13.11 of Affiliation Bye-Laws of Board in which direction was issued to all the affiliated schools to mandatory appoint SPECIAL G EDUCATORS to ensure quality education for all children including children with special needs as per Section 3, 8(c) and 9(c) of the Right to Education Act, 2009 to facilitate effective and meaningful inclusion of children with disabilities in schools. 17 H for short, “CBSE”

RAJNEESH KUMAR PANDEY & ORS. v. UNION OF INDIA 1199 & ORS. [A. M. KHANWILKAR, J.]

However, it has been observed that many schools affiliated A with CBSE are not adhering to the provision concerning appointment of Special Educators. In this connection, your attention is invited to Rule 13(11) of Affiliation Byelaws which provides to promote inclusion of students with disabilities/special needs in the normal school as per provisions of the “Persons with disabilities B Act 1995” and in conformity with National Policy of Education. In view of above, the Management and the Head of the CBSE affiliated schools are hereby directed to strictly follow the above provisions and make arrangement immediately to appoint special educators in their respective school(s). The above provision may be brought to the knowledge of School C Managing Committee for strict compliance. (Jaiprakash Chaturvedi) Deputy Secretary (Affiliation)” (emphasis supplied) D Even the Chief Commissioner for Persons with Disabilities had issued similar communication to all concerned on 25.10.2016 bearing F.No. 11-9/CCD/2016/R4755, which reads thus: - “COURT OF CHIEF COMMISSIONER FOR PERSONS WITH DISABILITIES E Department of Empowerment of Persons with Disabilities Ministry of Social Justice and Empowerment Government of India F.No.11-9/CCD/2016/R4755 Dated 25.10.2016 To, F The Chief Secretary/Administrator, All States/Union Territories (As per list) Sub: Practice by unqualified person in the field of Disability rehabilitation- reg. G Sir, A representation has been received from President, Orthotics & Prosthetic Association of India (OPAI) regarding practice by unqualified persons in the field of disability (photocopy enclosed). H

p. 1200 Copy page pinpoint

A 2. It is to apprise that programmes in the field of Prosthetic & Orthotics such as Diploma, Degree and Masters are offered by the institution only after approval from Rehabilitation Council of India (RCI). After completion of RCI approved courses, the candidates are registered in Central Rehabilitation Register (CRR) of RCI which authorizes then to practice in the relevant field B President. OPAI has requested the Council to take appropriate action against ineligible, unqualified persons practising in the field of Prosthetic and Orthotics and providing services to persons with disability.

3. It is to bring to your kind notice that RCI have been allocated C 16 Categories of professionals under Section 2(n) of RCI Act

1992. At present Council has 54 programmes from certificate to Doctorate level are being offered at RCI approved Institutes throughout the Country. Some of the programmes such as Prosthetic & Orthotics, Clinical Psychology, Speech & Hearing D etc. are required to deliver specialized consultation at grass root level. If the Services are delivered by untrained or unqualified individuals to persons with disabilities, it may in turn harm the persons with disabilities. Hence, there is urgent need to take action against such persons so that practice by unprofessional/unqualified persons may be E restricted.

4. I am enclosing a list of 54 Courses approved by Rehabilitation Council of India being offered in 16 categories with a request to direct Secretaries and Commissioners of your State/Union Territory to take cognizance of such matter under Section 13 & F Section 25 of Rehabilitation Council of India Act, 1992; and Section 61 & Section 62 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 so that practice by unqualified professionals may be curbed. Yours faithfully, G Sd/- (Dr. Kamlesh Kr. Pandey) Chief Commissioner for Persons with Disabilities Encl: as above” (emphasis supplied) H

RAJNEESH KUMAR PANDEY & ORS. v. UNION OF INDIA 1201 & ORS. [A. M. KHANWILKAR, J.]

It is also significant to advert to the communication-cum-statutory warning issued by the Member Secretary of the Council on 14.5.2019, making it amply clear that only persons (rehabilitation professionals/special teachers) duly qualified, recognised and registered with the Council be allowed to impart education and training to CwSN keeping in mind the mandate of Section 13 of the 1992 Act, breach whereof would entail in criminal action and imprisonment for a term which may extend to one year. The said communication reads thus: - “REHABILITATION COUNCIL OF INDIA A Statutory Body under the Ministry of Social Justice and Empowerment Department of Empowerment of Persons with Disabilities (Divyangjan) C STATUTORY WARNING Practicing without RCI Registration In Govt./Non Govt. Organization and by any Private Practitioner is an offence under section 13(3) of RCI Act No.34 of 1992. D It has been observed by the Council that Children with Disabilities (Divyangjan) are being trained/served by Quacks/Unqualified/Non-registeredPersonnel/ Professionals. If anyone found serving “Persons with Disabilities E (Divyangjan)”, without having RCI Certification, shall be prosecuted before the Court of Law under Section 13(3) of RCI Act, 1992 as under: “Any person who acts in contravention of any provision of sub-section (2) shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend F to one thousand rupees, or with both”. General Public is requested to report such instances to the Council along with documentary evidence by post/fax/ email to enable the Council to take appropriate action such as filing of FIR against such persons. G “This Statutory Warning is issued in public interest”. (Dr. Subodh Kumar) Member Secretary Dated: 14.05.2019" (emphasis supplied) H

p. 1202 Copy page pinpoint

44Copy pinpoint44. To effectuate the above objectives of imparting free, inclusive and quality education in the neighbourhood school to CwSN in terms of the provisions of the 2009 Act read with the provisions of the 2016 Act, a rehabilitation scheme titled “Deendayal Disabled Rehabilitation Scheme”18 (revised guidelines with effect from 1.4.2018) has been articulated by the Department of Empowerment for Persons with B Disabilities (Divyangjan), Ministry of Social Justice and Empowerment, Government of India19. Taking note of the severity of the situation revealed by the Census of 2011 which states that there are about 2.68 crore persons with disabilities in India, constituting 2.21 per cent of the population in the country requiring special education, CwSN in particular, C this scheme mentions the model projects to be undertaken for that purpose. It is noted thus: - “3.3 MODEL PROJECTS 3.3.1 The following are the model projects to be funded under the scheme D I. Pre-Schools and Early Intervention and Training II. Special Schools for Children with Disabilities for a. Intellectual Disability b. Hearing & Speech Disability E c. Visual Disability III. Project for children with Cerebral Palsy IV. Rehabilitation of Leprosy Cured Person F V. Half Way Home for Psycho-Social Rehabilitation of Treated and Controlled Mentally III persons VI. Home-Based Rehabilitation and Home Management. VII. Community Based Rehabilitation Programme VIII. Low Vision Centres G IX. Human Resource Development” Part-B of the DDRS deals with the “Model Project Profiles”. The sub-categories mentioned thereunder are - “Project for Pre-School 18 for short, “DDRS” 19 H for short “DEPwD”

RAJNEESH KUMAR PANDEY & ORS. v. UNION OF INDIA 1203 & ORS. [A. M. KHANWILKAR, J.]

and Early Intervention and Training” followed by “Special Schools for A Children with Disabilities”, and its sub-categories, namely, “Special School for the Children with Intellectual Disability”; “Special School for the Children with Hearing & Speech Disability”; and “Special Schools for the Children with Visual Disability”. For each of the projects, the strength of each school has been noted, including the pupil-teacher beneficiary ratio range which varies with the severity, in cases of children with multiple disabilities. It recognises the fact that children with multiple disability may require maximum and special education and hence, the ratio may be between 4:1 and 6:1.

45Copy pinpoint45. Suffice it to note that the DDRS has delineated the ratio for the concerned special schools and it may be commensurately replicated in the general schools corresponding with the number of CwSN admitted or required to be admitted in that school.

46Copy pinpoint46. As aforesaid, the 2009 Act merely attempts to expressly include “child with disability” by inserting Section 2(ee) and Section 3(3) vide the 2012 amendment, but makes no corresponding changes to the “Norms D and Standards for a School” specified in the Schedule to the Act. The Central Government in exercise of the enabling power in Section 20, by now, ought to have provided suitable norms and standards for a general school admitting CwSN for providing inclusive, free, and compulsory education in a neighbourhood school, and separately for the special school which also is covered within the expansive definition of schools in Section 2(n) of the 2009 Act.

47Copy pinpoint47. In any case, until such notification is issued by the Central Government or appropriate Government, as the case may be, all concerned are under bounden duty to give effect to the norm regarding pupil-teacher ratio specified in the concerned scheme in vogue including the DDRS and the Samagra Shiksha — an integrated Scheme for School Education20 issued by Department of School Education and Literacy, Ministry of Human Resource Development21.

48Copy pinpoint48. Chapter 2 of the SSS gives the background in which the scheme has been formulated to cover all children from the age of 4 to 18 years and has a scope across all levels of school education from pre-school to senior secondary on universal basis to ensure the education of all children.

20 for short, “SSS” 21 for short, “DSEL” H

p. 1204 Copy page pinpoint

A Chapter IV of the scheme deals with the topic – “Inclusion of Children with Special Needs in Education” specifically. The relevant extract of Chapter IV of the SSS reads thus: - “CHAPTER 4 – INCLUSION OF CHILDREN WITH SPECIAL NEEDS IN EDUCATION B 4.1 Background and Rationale 4.1.1 The NPE, 1986 and POA, 1992 gives the basic policy framework for education, emphasizing on correcting the existing inequalities, it stresses on reducing dropout rates, improving learning achievements and expanding access to students who have C not had an easy opportunity to be a part of the general system. The NPE, 1986 envisaged some measures for integrating of children with physical and mental handicap with the general community as equal partners, preparing them for their normal growth and development and enabling them to face life with courage and confidence. D 4.1.2 India has also been signatory to international declarations like the Salamanca Statement and framework for action on special needs education (1994) and Biwako Millennium Framework for Action (2002) and the UN Convention on the Rights of Persons with Disabilities, 2006 that emphasize the need for fundamental E educational policy shifts to enable general schools to include children with disabilities. The NCF-2005 recommends making the curriculum flexible and appropriate to accommodate the diversity of school children including those with disabilities in both cognitive and non-cognitive areas. 4.1.3 The Centrally Sponsored Scheme of Integrated Education F for the Disabled Children was introduced in 1992 with a view to providing educational opportunities for children with disabilities in general schools, to facilitate their retention in the schools system. It provided for facilities to students with disabilities including expenses on books and stationery, expenses on uniforms, transport allowance, reader allowance, escort allowance, hostel accommodation and actual cost for equipments. The scheme also supported the appointment of special teachers, provision for resource rooms and removal of architectural barriers in schools. 4.1.4 The Centrally Sponsored Scheme of SSA of 2001 had set time-bound targets for the achievements of UEE. With “zero

RAJNEESH KUMAR PANDEY & ORS. v. UNION OF INDIA 1205 & ORS. [A. M. KHANWILKAR, J.]

rejection’ as its cornerstone, the programme provided support for the inclusion of children with disabilities in general schools at the elementary level. The SSA norms were further strengthened by the RTE Act, 2009 which talks about free and compulsory elementary education to children without any discrimination on the basis of caste, gender, disability etc. B 4.1.5 While the RTE Act mandates inclusion of CWSN, some may be unable to attend school despite specific interventions designed for their education. The amendment of RTE Act (in August 2012) has included CWSN in the definition of disadvantaged groups. It includes children with severe - multiple disabilities with the right to opt for Home Based Education (HBE), C thus creating an enabling environment for all children. 4.1.7 As SSA supported inclusion of children with special needs at the elementary education level, a need was felt for a scheme for the disabled children at secondary stage. The IEDSS scheme was, therefore implemented to enable all children and young persons with disabilities to have access to secondary education and to improve their enrolment, retention and achievement in the general education system. Under the scheme every school was proposed to be made disabled-friendly. The Centrally Sponsored IEDSS Scheme aimed at enabling all students with disabilities completing eight years of elementary schooling an opportunity to complete four years of secondary schooling (classes IX to XII) in an inclusive and enabling environment and provided educational opportunities and facilities to students with disabilities in the general education system at the secondary level (classes IX to XII). F 4.1.8 Samagra Shiksha aims to look at education of all children including CWSN in a continuum from pre-school to class XII. The scheme will cover all children with special needs with one or more disabilities as mentioned in the schedule of disabilities of the Right of the Persons with Disabilities (RPwD) Act, 2016 studying in Government, G Government-aided and local body schools. 4.1.9 The scheme stresses on working in convergence with all the line Departments/ Ministries and intends to provide relevant holistic support for effective and appropriate services for education of CWSN. H

p. 1206 Copy page pinpoint

A 4.1.10 The objectives of the scheme are: • To enable all children and young persons with disabilities to have access to inclusive education and improve their enrolment, retention and achievement in the general education system. B • Identification of children with disabilities at the school level and assessment of her/his educational needs. • Provision of aids and appliance and assistive devices, to the children with special needs as per requirement.

C • Removal of architectural barriers in schools so that students with disability have access to classrooms, laboratories, libraries and toilets in the school. • Supplying appropriate teaching learning materials, medical facilities, vocational training support, guidance and counselling services and therapeutic services to children with special needs as per their requirement in convergence with line departments. • General school teachers will be sensitized and trained to teach and involve children with special needs in the general classroom. For existing special educators, capacity building programmes will be undertaken. • CWSN will have access to support services through special educators, establishment of resource rooms, vocational education, therapeutic services and counselling. F THE GAZETTE OF INDIA EXTRAORDINARY THE RIGHTS OF PERSONS WITH DISABILITIES ACT, 2016 CHAPTER III G EDUCATION

RAJNEESH KUMAR PANDEY & ORS. v. UNION OF INDIA 1207 & ORS. [A. M. KHANWILKAR, J.]

4.2 Target Group A 4.2.1 The scheme will cover all children from pre-school to senior secondary stage studying in Government, local body and Government-aided schools, with one or more disabilities as defined under the Rights of Persons with Disabilities Act (2016) namely:

1. Blindness B

2. Low-vision

3. Leprosy Cured persons

4. Hearing Impairment (deaf and hard of hearing) C

5. Locomotor Disability

6. Dwarfism

7. Intellectual Disability

8. Mental Illness D

9. Autism Spectrum Disorder

10. Cerebral Palsy

11. Muscular Dystrophy

12. Chronic Neurological conditions E

13. Specific Learning Disabilities

14. Multiple Sclerosis

15. Speech and Language disability

16. Thalassemia F

17. Hemophilia

18. Sickle Cell disease

19. Multiple Disabilities including deaf blindness

20. Acid Attack victim G

21. Parkinson’s disease 4.2.2 Girls with disabilities will receive special focus and efforts would be made under the scheme to help them gain access to schools, as also to provide motivation and guidance for developing their potential. H

p. 1208 Copy page pinpoint

A 4.2.3 All the enrolled CWSN will be covered through UDISE/ SDMIS and will eventually be linked with Aadhaar, ultimately facilitating the State/UT to track CWSN of both systems i.e. those that are in school and those with Home based. The UDISE will have the relevant details of children. Further an extensive database will be developed which will cover all the particulars of children B including the type of disability, degree of severity, medical needs, emergency contacts and all other relevant details that will help the School management to cater to the needs of the CWSN. 4.3 Components of the Scheme C The Scheme will include assistance for two kinds of components: 4.3.1 Student oriented component The student oriented component may be utilized for specified items like:-

D (i) Identification and assessment of children with disabilities. (ii) Provision of aids and appliances, medical services, diagnostic services etc. (iii) Access to and development of teaching learning material as per requirement etc. E (iv) Provision of facilities like transport/escort facilities for children with severe disabilities, hostel facilities, scholarship, assistive devices, support staff (readers, amanuensis) etc. (v) Provision of large print text book, Braille books and uniform allowance. F (vi) Stipend for Girl Students @ Rs. 200 per month for 10 months to encourage their participation in the school system for all girls with disabilities studying in Classes-I to XII. (vii) The use of ICT to increase access to a vast amount of information not otherwise available. (viii) Awareness and motivation camps for increasing enrolment and retention. (ix) Provision of Home Based Education for children with severe multiple disabilities with a view to mainstream them in the general education system.

RAJNEESH KUMAR PANDEY & ORS. v. UNION OF INDIA 1209 & ORS. [A. M. KHANWILKAR, J.]

4.3.2 Resource support A For providing resource support to CWSN, the existing human resource appointed under SSA and RMSA will be rationalized and the remaining vacancies may be filled through fresh appointment as per the norms provided at Annexure-III. All special educators should be registered with Rehabilitation Council of India (RCI). These educators should mandatorily be available for all CWSN including the children with high support needs as well. The educators may be posted at the block or cluster level or as per the requirement and can operate in an itinerant mode, covering a group of schools where children with special needs are enrolled so that each child with special need is adequately covered. 4.4 Key areas of the Inclusive Education Component Education for CWSN involves multiple aspects above and beyond the financial support. Many areas have to be looked upon manifestly that will ensure proper implementation and effective inclusion. The highlights of the components are discussed below.

p. 1210 Copy page pinpoint

A 4.5 Education of teachers and other stakeholders Intensive teacher education programme will be undertaken to sensitize and build capacity of the regular teachers and resource teachers on meeting learning needs of all teachers to provide quality education to CWSN and improve their B learning outcomes. This teacher education programme will be recurrent at block/cluster levels and integrated with the on-going in-service teacher education/training schedules in DIETs and other Institutions. Teacher education modules at SCERT, DIET and BRC level should include suitable components on education of children with special needs. C Training of educational administrators including headmasters, all other staff & relevant personnel of school education should be regularly organized. Special focus should be given on mechanisms for safety and security of children with special needs. D 4.6 Curricular access The curriculum must be inclusive as envisioned in NCF-2005. It should ensure that the same curriculum be followed for children with and without special needs, but with adaptations/modifications if required in learning content, teaching learning processes, teaching learning materials/aids and in evaluation, etc. Provision will be made to provide text books and curriculum in accessible formats to CWSN. Exam reforms need to be made by Central and State Boards for conducting exams of CWSN. Guidelines issued in this regard by the Department of Disability Affairs are enclosed at Annexure- IV. The modifications may be made disability specific, (for example, oral exam for children with specific learning disability, extra time for children with visual impairment, low vision and cerebral palsy etc). A regular audit of existing textbooks from G CWSN lens will be a priority for an apt curriculum. 4.7 Individualized Educational Plan (IEP) IEP will be undertaken in context of the RPwD Act, as “Individualized Support” (as mentioned in Chapter 3 of RPwD Act, 2016). Its implementation will be monitored from time to time. The Individualized Support should review the

RAJNEESH KUMAR PANDEY & ORS. v. UNION OF INDIA 1211 & ORS. [A. M. KHANWILKAR, J.]

effectiveness of various strategies and support services used by children with special needs periodically, after developing indicators. 4.8 Building synergy with special schools 4.8.1 In case of non-availability of resources required for education of children with special needs and training of teachers teaching CWSN, assistance from special schools may be taken. These special schools can work as resource centers for providing resources like development of curricular materials and TLMs, providing support services to CWSN and training of teachers etc. C 4.8.2 In some cases, special schools can also impart special training to CWSN for facilitating age appropriate placement in the classroom for a specified period of time. NGOs working on education of children with chronic health impairments like leukemia, heart diseases and cancer etc, may also provide resource support for pertinent care and health related needs and D capacity building of teachers. 4.9 Research and Development The Integrated Scheme will encourage research and development activities in all areas of education of children with special needs including action research, researches to improve learning of E CWSN, especially focusing on children with high support needs (Thalassemia, Hemophilia, Sickle Cell disease and Chronic neurological conditions etc), eventually leading to concrete learning outcomes. For this, convergence with different Ministries like Ministry of Health and Family Welfare, MoWCD, Ministry of F Social Justice and Empowerment, Ministry of Sports and Youth Affairs, private organizations with Corporate Social Responsibility (CSR) funds etc. 4.10 Social Access to CWSN Ensuring social access to CWSN is a greater challenge as G compared to providing physical access as it requires an in-depth understanding of the various educational needs of CWSN. A very important dimension of social access is discrimination. CWSN are subjected to many forms of discrimination. Teachers and peers have a very important role to play in this context. Social access could include the following: H

p. 1212 Copy page pinpoint

A i. Parental training ii. Peer sensitization iii. Awareness building of different stakeholders across all levels

B iv. Special emphasis will be given to education of girls with disability 4.11 Monitoring & Evaluation: On-going monitoring and evaluation should be carried out to refine the programme from time to time. For this, appropriate monitoring C mechanisms and tools are to be devised at every level and field tested at regular intervals. ANNEXURE-III GUIDELINES FOR APPOINTMENT OF SPECIAL EDUCATORS D

1. Minimum Educational Qualifications for becoming an Educator for Classes preschool-V (Pre School to Primary Stage) (a) Classes I-V: Senior Secondary (or its equivalent) with at least 50% marks and 2-year Diploma in Education E (Special Education). (b) Pass in the Teacher Eligibility Test (TET), to be conducted by the appropriate Government in accordance with the Guidelines framed by the NCTE for the purpose.

RAJNEESH KUMAR PANDEY & ORS. v. UNION OF INDIA 1213 & ORS. [A. M. KHANWILKAR, J.]

(b) Pass in Teacher Eligibility Test (TET), to be conducted A by the appropriate Government in accordance with the Guidelines framed by the NCTE for the purpose.

3. Minimum Qualifications for becoming an Educator for Classes IX-XII: (Secondary stage) • All Special Educators must be registered with the B Rehabilitation Council of India (RCI). • Educators with Qualifications in single disability area will be encouraged to specialize in other disability areas to take care of a wide range of diversities in a general school. C • Relaxation up to 5% in the qualifying marks in the minimum Educational Qualification for eligibility shall be allowed to the candidates belonging to reserved categories, such as SC/ST/ OBC/Differently abled. • Training to be undergone: A person with D. Ed. (Special D Education) or B. Ed. (Special Education) qualification shall undergo, after appointment an NCTE recognized 6-month Special Programme in Elementary Education.” (emphasis supplied)

49Copy pinpoint49. Besides the above-mentioned scheme, the Ministry of E Education (formerly, the Ministry of Human Resource Development), Government of India has formulated National Education Policy, 2020 dealing with a gamut of aspects including the strengthening of the dispensation to deliver free, inclusive and quality education in the neighbourhood school to all between the age group of 4 to 18 years. F While referring to the teaching for children with disabilities/Divyang in the middle and secondary level school, it is noted as follows: - “Special educators 5.21. There is an urgent need for additional special educators for certain areas of school education. Some examples of G such specialist requirements include subject teaching for children with disabilities/Divyang children at the Middle and Secondary school level, including teaching for specific learning disabilities. Such teachers would require not only subject-teaching knowledge and understanding of subject- H

p. 1214 Copy page pinpoint

A related aims of education, but also the relevant skills for understanding of special requirements of children. Therefore, such areas could be developed as secondary specializations for subject teachers or generalist teachers, during or after pre-service teacher preparation. They will be offered as certificate courses, in the pre-service as well as in- B service mode, either full time or as part-time/blended courses - again, necessarily, at multidisciplinary colleges or universities. Greater synergy will be enabled between the course curriculum of NCTE and RCI to ensure adequate availability of qualified special educators who can handle subject C teaching as well.” (emphasis supplied) Another relevant portion of this Scheme is clause 7, dealing with efficient resourcing and effective governance through school complexes/ clusters. The relevant portion thereof reads thus: - D “7. Efficient Resourcing and Effective Governance through School Complexes/Clusters 7.1. While the establishment of primary schools in every habitation across the country-driven by the Sarva Shiksha Abhiyan (SSA), E now subsumed under the Samagra Shiksha Scheme and other important efforts across the States - has helped to ensure near- universal access to primary schools, it has also led to the development of numerous very small schools. According to U- DISE 2016–17 data, nearly 28% of India’s public primary schools and 14.8% of India’s upper primary schools have less than 30 F students. The average number of students per grade in the elementary schooling system (primary and upper primary, i.e., Grades 1–8) is about 14, with a notable proportion having below 6; during the year 2016–17, there were 1,08,017 single-teacher schools, the majority of them (85743) being primary schools serving G Grades 1–5. 7.2. These small school sizes have rendered it economically suboptimal and operationally complex to run good schools, in terms of deployment of teachers as well as the provision of critical physical resources. Teachers often teach multiple grades at a time, and teach multiple subjects, including subjects in which they may H

RAJNEESH KUMAR PANDEY & ORS. v. UNION OF INDIA 1215 & ORS. [A. M. KHANWILKAR, J.]

have no prior background; key areas such as music, arts, and sports are too often simply not taught; and physical resources, such as lab and sports equipment and library books, are simply not available across schools. 7.3. The isolation of small schools also has a negative effect on education and the teaching-learning process. Teachers function best in communities and teams, and so do students. Small schools also present a systemic challenge for governance and management. The geographical dispersion, challenging access conditions, and the very large numbers of schools make it difficult to reach all schools equally. Administrative structures have not been aligned with the increases in the number of school or with the unified structure of the Samagra Shiksha Scheme. 7.4. Although consolidation of schools is an option that is often discussed, it must be carried out very judiciously, and only when it is ensured that there is no impact on access. Such measures are nevertheless likely to result only in limited consolidation, and would not solve the overall structural problem and challenges presented by the large numbers of small schools. 7.5. These challenges will, by 2025, be addressed by State/ UT governments by adopting innovative mechanisms to group or rationalize schools. The objective behind this intervention would be to ensure that every school has: (a) adequate number of counsellors/trained social workers and teachers (shared or otherwise) for teaching all subjects including art, music science, sports, languages, vocational subjects, etc; (b) adequate resources (shared or otherwise), F such as a library, science labs, computer labs, skill labs, playgrounds, sports equipment and facilities, etc.; (c) a sense of community is built to overcome the isolation of teachers, students, and schools, through joint professional development programmes, sharing of teaching-learning content, joint content development, holding joint activities G such as art and science exhibitions, sports meets, quizzes and debates, and fairs; (d) cooperation and support across schools for the education of children with disabilities; and (e) improved governance of the schooling system by devolving all finer decisions, to Principals, teachers, and H

p. 1216 Copy page pinpoint

A other stakeholders within each group of schools and treating such a group of schools, which range from the foundational stage through the secondary stage, as an integrated semi- autonomous unit. 7.6. One possible mechanism for accomplishing the above B would be the establishment of a grouping structure called the school complex, consisting of one secondary school together with all other schools offering lower grades in its neighbourhood including Anganwadis, in a radius of five to ten kilometers. This suggestion was first made by the Education Commission (1964–66) but was left unimplemented. This Policy C strongly endorses the idea of the school complex/cluster, wherever possible. The aim of the school complex/cluster will be greater resource efficiency and more effective functioning, coordination, leadership, governance, and management of schools in the cluster. D 7.7. The establishment of school complexes/clusters and the sharing of resources across complexes will have a number of other benefits as a consequence, such as improved support for children with disabilities, more topic- centred clubs and academic/sports/arts/crafts events across school complexes, better incorporation of art, music, language, vocational subjects, physical education, and other subjects in the classroom through the sharing of teachers in these subjects including use of ICT tools to conduct virtual classes, better student support, enrolment, attendance, and performance through the sharing of social workers and counsellors, and School Complex Management Committees (rather than simply School Management Committees) for more robust and improved governance, monitoring, oversight, innovations, and initiatives by local stakeholders. Building such larger communities of schools, school leaders, teachers, students, supporting staff, parents, and local citizens would energize and empower the schooling system, and in a resource-efficient manner.” (emphasis supplied)

50Copy pinpoint50. Be it noted that the ratio of pupil-teacher has been mentioned in the stated schemes besides the norms and standards specified in the

RAJNEESH KUMAR PANDEY & ORS. v. UNION OF INDIA 1217 & ORS. [A. M. KHANWILKAR, J.]

Schedule to the 2009 Act. Indeed, the Schedule to the 2009 Act makes no distinction between general schools and special schools, but the norms and standards specified for general schools cannot be replicated for special schools, which are governed by special laws in respect of rights of persons with disabilities and the schemes framed therefor. The 2009 Act does clarify the position that the Act applies to all schools including the schools admitting child with disability as defined in Section 2(ee) and gives equal and same rights to such children to pursue free, quality and compulsory education in the neighbourhood school. It further provides children with multiple disabilities and children with severe disabilities may opt for even home-based education. The fact remains that for meaningful and effective imparting of education and training to CwSN, C different norms and standards ought to be followed and for that purpose, the concerned schools are obliged to create posts of rehabilitation professionals/special education teachers commensurate to number of (CwSN) students in the given school.

51Copy pinpoint51. Somewhat similar issue was pursued before the Court of State D Commissioner for Persons with Disabilities, National Capital Territory of Delhi in the case of Ms. Reshma Parveen vs. The Director, Directorate of Education26. The said Forum established under the 2016 Act was called upon to consider the following two questions: - “(i) What should be the basis for creating the posts of Special E Education Teachers at different levels namely i.e. Pre- school/ Nursery (For children in the age group 4-6 years); Primary and Upper Primary (For Classes I-VIII); Secondary/High School (For Classes IX-X) and Senior Secondary/Intermediate (For Classes XIXII). RCI was once again advised to facilitate and suggest, preferably in F consultation with RCI’s concerned expert committee members, the criteria for determining the category and number of Special Education Teachers at different levels before the next date of hearing. DoE and other respondents could also submit their suggestion. G (ii) The strategy for deployment of Special Education Teachers of different categories and at different levels as mentioned in sub para (i) above, so that the children with various disabilities get the services of Special Education Teachers 26 Decided on 31.12.2019 in Case No. 824/1014/2019/04/9072-84 H

p. 1218 Copy page pinpoint

A in whichever school they may be as it was contended that it may not be possible to create such posts and appoint Special Education Teachers of different specialty in every school.” (emphasis supplied) B After analyzing the relevant provisions and the schemes, the State Commissioner made following recommendations: - “62. After going through the submissions of the parties, the views of the experts and based on my interactions with the parents of children with disabilities and my experience while dealing with their complaints, the following recommendations are made: i) As an immediate measure, Director, DoE; Commissioner, North DMC; Commissioner, SDMC; Commissioner, EDMC; Chairman, New Delhi Municipal Council and CEO, Cantonment Board should create at least two posts of Special Education Teachers per school an appropriate mix of various specialisations. ii) Respondents no. 1 to 6 should make provision for appointment of Special Education Teachers in E Autism Spectrum Disorder, Intellectual Disability, Learning Disability, Deaf-Blind, Visual Impairment, Hearing Impairment and Cerebral Palsy which are RCI approved Teacher Training Courses. F iii) Since the number of students with different disabilities in schools is dynamic, provision of Special Education Teachers per school would not have any rationale to continue for long and hence will not be a reasonable criterion. The number of Special Education Teachers in a particular disability should be determined based on the generally accepted pupil teacher ratio of 1:8 for children with Cerebral Palsy, visual impairment and hearing impairment, 1:5 for children with intellectual disability, ASD and Specific learning disabilities; and 1:2 for Deaf-Blind and a

RAJNEESH KUMAR PANDEY & ORS. v. UNION OF INDIA 1219 & ORS. [A. M. KHANWILKAR, J.]

combination of two or more of the seven disabilities mentioned above. iv) Respondent no.1 to 6 within one month of receipt of this order, should obtain the number of children with different disabilities in the schools under their respective jurisdictions and determine the number of Special B Education Teachers required in different disciplines based on the criteria at (ii) above. They should also make an estimation of out of school children with disabilities, which was 28.07% for all India and 7.28% for Delhi as per National Sample Survey: Estimation of Out-of- School Children in the Age 6-13: Social & Rural C Research Institute & Technical Support Group for SSA, Ed CIL, 2014 and 54% of children with multiple disabilities (CwMDs) never attended an educational institution as per Census 2011. v) After determining the number of Special Educators D for preprimary level/primary level, upper primary level, secondary and Sr. Secondary level, respondents no. 1 to 6 should initiate action to create or convert the existing posts of general teachers into the required number of Special Education Teachers of the appropriate specialities at different levels including at primary level. The minimum requirement of RCI approved qualification should be as prescribed by RCI. This should be done within 3 months from the date of receipt of this order. It should be noted that there cannot be different criteria for the schools of DoE and that of the Corporations. vi) Respondents no. 1 to 6 should either set up resource centre in each school or for a cluster of closely located schools, not beyond a radius of 2-3 KMs where all teaching, learning material/resources including the Special Education Teachers of different speciality should be available for deployment in the schools as per need to ensure that every child with any disability is ensured quality education on equal basis with others. Equality as well as equity must be ensured. H

p. 1220 Copy page pinpoint

A vii) The conditions of service and the Recruitment Rules for Special Education Teachers should also clearly prescribe that they may be required to teach not only children with disabilities but also children without disability in mainstream schools so that full utilization of their services is ensured. B NCTE should issue necessary notification about their eligibility to teach children without disabilities at appropriate level as per their qualification within three months from the date of receipt of this order. It should also be ensured that Special Education C Teachers are treated at par with mainstream teachers in terms of service conditions such as pay, etc. viii) It is a matter of concern that NCTE (respondent no. 8) neither responded nor submitted any comments/advice with regard to the eligibility of Special Education Teachers at secondary/ higher secondary level. NCTE should incorporate in the curriculum of teacher training programmes, mandatory papers on handling children with disabilities, basic sign language and Braille, if not already done, as otherwise children with disabilities will be deprived of their right to quality education on equal basis with other children which is a mandate of the Rights of Persons with Disabilities Act, 2016 as well as RTE Act, 2009 as amended in 2012. F ix) All in-service mainstream teachers at all levels, i.e. Pre-Primary, Upper Primary, Secondary and Sr. Secondary Level must be exposed to the needs of children with different disabilities by mandatory training of a given duration. DoE should do it in G consultation with RCI within three months from the date of receipt of this order and respondent No1 to 6 should plan the training of their respective mainstream teachers in a time bound manner and complete the training within a reasonable period of time. H

RAJNEESH KUMAR PANDEY & ORS. v. UNION OF INDIA 1221 & ORS. [A. M. KHANWILKAR, J.]

x) NCERT should include a compulsory module on A teaching of children with disabilities in its online digital platform ‘Swayam’ for training of In-service teachers. xi) DoE, Govt. NCT of Delhi should develop guidelines for the inclusive education and inclusive schools in NCT of B Delhi in Govt. as well as Private Schools in consultation with the experts in the field, the parents of children with disabilities belonging to different strata of the Society and put in place a robust mechanism to ensure its implementation by all concerned. C xii) Ministry of HRD, Govt of India should also issue model guidelines and the quality indicators for inclusive education and inclusive schools for adoption/adaptation as per local conditions at the earliest.” (emphasis supplied) D

52Copy pinpoint52. As a stopgap arrangement until the competent authority formulates a comprehensive action plan including to specify the norms and standards regarding pupil-teacher ratio to be maintained by the concerned schools imparting education to CwSN, we are persuaded to adopt the pupil-teacher ratio ascertained in this decision as 8:1 for children E with cerebral palsy; 5:1 for children with intellectual disability, ASD and specific learning disabilities; and 2:1 for deaf-blind and a combination of two or more of the seven disabilities mentioned in the recommendation No. (iii) noted above. Indeed, the teachers to be so appointed need to be duly qualified, recognized and registered with the Council in light of Section 13 of the 1992 Act. F

53Copy pinpoint53. As regards the appointment of special educators/special teachers/rehabilitation professionals on itinerant basis under clause 4.3.2 of the SSS, the same may not appear to be in strict conformity with Section 25(2) of the 2009 Act. However, such teachers are not to be posted in a school as such, but are to render their services in a cluster of G schools, which is permissible in the context of the special teachers under the 1992 Act and the 1999 Act. The mandate is that CwSN must be educated and trained only by special teachers being rehabilitation professionals, duly recognized and registered by the Council under the 1992 Act. The operation of the two Acts being Union enactments, need H

p. 1222 Copy page pinpoint

A to be harmonized. Further, the schemes formulated for strengthening the mechanism to espouse the cause of CwSN under the special legislations for persons with disabilities must prevail to the extent of special arrangements for imparting education to them and not constricted by the general enactment of 2009 (the 2009 Act) regarding right of children to free and compulsory education. Indeed, a policy or a scheme cannot override the statutory mandate predicated in an Act made by the Parliament. However, schemes for special schools and in respect of the CwSN, in particular, make special provisions and in reference to the legislation such as the 1992 Act and the 1999 Act including the 2016 Act. Those schemes would prevail unless they are found to be in conflict with any of the express provisions of that very special legislation(s). However, the same cannot be assailed as being in conflict with the 2009 Act, which is a general law governing the norms and standards to be observed by the schools which indeed may include a special school.

54Copy pinpoint54. As a matter of fact, the 2009 Act recognizes the special treatment needed for the child with disability/CwSN by insertion of Section 2(ee) and Section 3(3) in the Act, which not only recognize the right of CwSN to get free, quality and compulsory education in neighbourhood school till the completion of their elementary education, but also the right to opt for home-based education if the child is inflicted with multiple disabilities or severe disability, as the case may be. What is absent in the 2009 Act is the modification of the norms and standards originally specified in Schedule I applicable for general schools. Though, later in 2012, the Parliament realized the need to amend the 2009 Act to expressly include the CwSN, it should have also made corresponding changes in Schedule I to provide for suitable norms for CwSN, by providing distinct dispensation for the general schools admitting CwSN and the special schools catering only to CwSN. That could still be done by the appropriate authority by amending the Schedule in exercise of power under Section 20 and enabling provisions in the 2009 Act.

55Copy pinpoint55. Indisputably, the schools registered as special schools are also governed by special legislation and the schemes framed therefor and would come under the DEPwD, whereas the general schools come under the Ministry of Education and are governed by the 2009 Act including by the SSS.

56Copy pinpoint56. As of today, there is a dearth of rehabilitation professionals or special teachers recognized and registered by the Council, who alone can impart education and training to handicap person/CwSN. This disparity

RAJNEESH KUMAR PANDEY & ORS. v. UNION OF INDIA 1223 & ORS. [A. M. KHANWILKAR, J.]

will have to be addressed by the National Council of Teachers Education27 A coming under a different department i.e., DSEL. It is for the NCTE to evolve holistic mechanism in collaboration with the Council to enhance the number of special teachers to overcome the deficit. As aforesaid, the persons with disabilities in India constitute over 2.21 per cent of the total population of the country, as per the census figures of 2011. At B present, there are only 1,20,781 special educators registered with the Council. As per the available data with the Unified District Information System for Education, there are 22.5 lakh CwSN in the country. Further, only 4.33 lakh general teachers have been trained to teach CwSN in addition to teaching general children and only 28,535 special teachers are available for children with special needs/CwSN. These figures are C stated in the affidavit of Mr. Anil Gairola, Under Secretary in the Ministry of Education, dated 12.7.2021. The State-wise number of special educators has been furnished at page 190 of the written note filed on behalf of the Union of India. The same reads thus: - D

27 for short, “NCTE” H

p. 1224 Copy page pinpoint

57Copy pinpoint57. In view of the above, a multipronged approach needs to be adopted by the concerned Authorities with immediate effect, inter alia, as follows: - A. The Central Government must forthwith notify the norms and standards of pupil-teacher ratio for special schools and E also separate norms for special teachers who alone can impart education and training to CwSN in the general schools; and until such time, as a stopgap arrangement adopt the recommendations made by the State Commissioner, NCT of Delhi in the case of Ms. Reshma Parveen 28 F reproduced in paragraph 51 above; B. To create commensurate permanent posts as per the just ratio to be specified by the competent authority for the rehabilitation professionals/special teachers who can cater to the needs of CwSN; G C. To initiate appointment process to fill-in vacancies for the posts so created for rehabilitation professionals/special teachers for being appointed on regular basis. The same shall be completed within six months from the date of this

28 H supra at Footnote No. 28

RAJNEESH KUMAR PANDEY & ORS. v. UNION OF INDIA 1225 & ORS. [A. M. KHANWILKAR, J.]

order or before the commencement of academic year 2022- A 2023, whichever is earlier; D. To overcome the shortage of resource persons (rehabilitation professionals/special trained teachers), the training schools/institutions must take steps to augment the number whilst ensuring that the norms and standards specified under the governing laws and regulations including that of the Council for grant of recognition and registration are fulfilled; E. Until sufficient number of special teachers becomes available for general schools and special schools, the services of special trained teachers can be availed as itinerant teachers as per the SSS within the school block (cluster schools) to optimize the resource persons and as a stopgap arrangement; F. The other teachers and staff in the general schools be given compulsory training and sensitized to handle the CwSN in the general schools, if admitted; and G. The authorities may also explore the possibility of merging unviable special schools with relatively viable special schools in the neighbourhood, so as to entail in consolidation of assets and resources for better delivery to the requirements of CwSN.

58Copy pinpoint58. For the nature of observations made and directions issued, it is not limited to the States of Uttar Pradesh and Punjab, but will operate across the country (all States and Union Territories). F

59Copy pinpoint59. With a view to ensure that the directions are effectively complied with, we direct the State Commissioners appointed under Section 79 of the 2016 Act in the concerned States/Union Territories to forthwith initiate suo motu enquiries regarding compliance and then make recommendation to the appropriate authority (of the concerned State/ G Union Territory), as may be necessary, so that the authority will be obliged to submit compliance report to the State Commissioner within three months from the date of receipt of recommendation, as mandated under Section 81 of the 2016 Act. The respective State Commissioners may then submit report in respect of compliances/non-compliances within their concerned State/Union Territory to this Court by end of February, H

p. 1226 Copy page pinpoint

A 2022, so that further directions, as may be necessary, can be issued by this Court State/Union Territory wise.

60Copy pinpoint60. We are making it amply clear that we are not deciding on the working conditions of the special teachers and the class of persons represented by the petitioners before this Court.

61Copy pinpoint61. Further, we deem it appropriate to presently issue directions to the State Commissioner(s) (which includes the States of Uttar Pradesh and Punjab), who would be in a better position to ensure that corrective and remedial steps are taken by the concerned State/Union Territory within the timeline specified in this order. If that happens, the relief claimed by the petitioners before this Court would substantially stand redressed. However, we may not be understood to have expressed any final opinion in that regard.

62Copy pinpoint62. The matter be notified in the first week of March, 2022 on a non-miscellaneous day, for consideration of the reports received from the concerned State Commissioners. The Registry shall provide copy of the reports received by it from time to time to the learned Amicus Curiae Mr. Rishi Malhotra, Advocate-on-Record who may prepare appropriate chart/table to be presented to the Court on the next date of hearing.

63Copy pinpoint63. Copy of this order be forwarded to the State Commissioner of all the States/Union Territories through email forthwith, for information and necessary action. Copy of this order be also forwarded to the Chief Secretary/Lieutenant Governor/Administrator of the States/Union Territories through email, for information and necessary action.

64Copy pinpoint64. We also issue notice to the Secretary of Department of F Empowerment of Persons with Disabilities (DEPwD) – Ministry of Social Justice and Empowerment; and Secretary, Ministry of Education, both Government of India, New Delhi, returnable in the first week of March

2022. They are also expected to take necessary corrective and remedial steps in light of this decision, to the extent applicable, including to issue directions to all concerned for reporting compliance. G Nidhi Jain Directions Issued.