The bench stated “Each state and UT shall come out with notifications with the number of posts that they have sanctioned for teachers who have to impart education to children with special needs.”
New Delhi, March 10: The Supreme Court of India has directed all states and union territories (UTs) to officially announce the number of sanctioned posts for teachers responsible for educating children with special needs. This notification must be completed by March 28, 2025.
A bench comprising Justices Sudhanshu Dhulia and K Vinod Chandran noted that despite a previous 2021 judgment, no state or UT had taken steps to appoint teachers for children with special needs. The court emphasized that many states had not even identified the required sanctioned posts, even though data about the number of special needs children was already available.
“Each state and UT shall come out with notifications with the number of posts that they have sanctioned for teachers who have to impart education to children with special needs.”
According to the March 7 order, once the posts are sanctioned, the notification must be published within three weeks—preferably by March 28, 2025. The notification must be advertised:
- In at least two widely circulated newspapers in each respective state.
- On the official websites of the state education department and the state government.
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Background of the Case
The Supreme Court was hearing a plea filed by Rajneesh Kumar Pandey through advocate Prashant Shukla. The plea highlighted a shortage of special educators, particularly in Uttar Pradesh and other states. The petition was submitted by 17 teachers who have completed the necessary training to educate children with special needs.
The petition argued that appointing qualified professionals in schools is essential to fulfill the Right to Education (RTE) and help children prepare for life’s challenges.
The bench emphasized that only qualified, competent, or eligible teachers should be selected and appointed.
“We have also been informed that in some of the states, these teachers have been continuing for the last 20 years, approximately. For these reasons, the states shall immediately constitute a screening committee.”
It was revealed that in several states and UTs, adhoc contractual teachers have been conducting classes for children with special needs. Some of these teachers have been in service for nearly 20 years without formal appointments.
To address this, the court directed the formation of a screening committee in each state, comprising:
- The State Commissioner for Persons with Disabilities.
- The Secretary of the Education Department.
- A nominee from the Rehabilitation Council of India (RCI) who is an expert in the field.
“We make it very clear that in case there is no disability commissioner available in any state, in that case only he/she shall be substituted by the legal representative or its law secretary.”
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