Delhi High Court: In a public interest litigation filed by Social Jurist, a civil rights group, regarding appointment of special educators in KVS schools for children with special needs, the Division Bench of Satish Chandra Sharma, CJ. and Subramonium Prasad, J. directed the Union Government and Kendriya Vidyalaya Sangathan to sanction 987 posts for special educators to cater to the needs of special children.
Counsel for Kendriya Vidyalaya Sangathan had furnished details of all the Kendriya Vidyalayas running in the country and the number of special educators that were required to be appointed to cater to the needs of 5625 special children.
Submissions on behalf of the Petitioner
Counsel for the petitioner stated that in exercise of powers under Section 20 of the Right of Children to Free and Compulsory Education Act, 2009, the Government had laid down the criteria of appointment of special educators and it was mandatory for every school to appoint special educators for special children.
Analysis, Law, and Decision
The Court noted that Kendriya Vidyalaya Sangathan had engaged 40 special educators on contractual basis and the total number of special educators that were to be engaged was 987, therefore, the Court held that Kendriya Vidyalaya Sangathan must create posts to appoint special educators. Further, the Court allotted eight weeks’ time to the Kendriya Vidyalaya Sangathan and the Union of India, for appointing 987 special educators and sanctioning the post of 987 special educators, respectively.
The matter would next be listed on 07-03-2023.
[Social Jurist, A Civil Rights Group v. Kendriya Vidyalaya Sangathan, 2022 SCC OnLine Del 4217, decided on 17-11-2022]
Advocates who appeared in this case :
For the Petitioner: Advocate Ashok Agarwal;
Advocate Kumar Utkarsh;
Advocate Manoj Kumar;
For the Respondent(s): Advocate S. Rajappa;
Advocate R. Gowrishankar;
Advocate Piyush Beriwal;
Advocate Sahaj Garg;
Advocate Rishav Dubey;
Advocate Divya Srivastava.