The Supreme Court in the case Rajneesh Kumar Pandey And Ors. Versus Union Of India And Ors observed and has ordered the State governments for filing an affidavit by giving a list of details which includes the number of students with special needs and the number of teachers which are required.
The bench comprising of Justice Dinesh Maheshwari and Justice Sanjay Kumar in the case observed and has sought the following details from the States:
• The Number of children with special needs;
• The Number of special teachers enrolled;
• The Number or status of vacancies;
The Number of ad hoc teachers or special teachers which are appointed on contractual basis and are actually working.
The time line within which they have proposed for filing up the vacancies and to meet with the requirements of the order of the Court’s in 2021 and 2022.
The bench passed the said order while considering a Public Interest Litigation which highlighted the lack of special educators in the state for teaching students with the special needs.
The court also asked the state governments for filing of an affidavit within two weeks along with their propositions., wherein asking the states to serve their respective affidavits with the amicus curiae, in order to enable him to compile the relevant information before the next hearing of the matter.
It has also been informed by the petitioner that no adequate and effective compliance have been taken by other states as well with regard to the previous orders which is passed by the Court.
The three-judge bench in 2020 issued a series of directives in the matter ranging such as asking the Central Government to notify the norms and the standards of pupil teacher ratio for special schools, to initiate appointment process to filling vacancies for the posts so created for rehabilitation professionals or the special teachers and more.
The court in the previous hearing observed and has come down heavily on the Uttar Pradesh government for filing an ‘inadequate’ affidavit while hearing a Public Interest Litigation.
The advocate appearing for the UP government before the court submitted in last November that they were looking at appointing 12,000 regular teachers and that the budget for it had been allocated.
Accordingly, the court listed the matter to be next heard on March 17.
