G H RAJNEESH KUMAR PANDEY & ORS. versus UNION OF INDIA & ORS.

Citation: [2021] 5 S.C.R. 1142 · Decided: 28-10-2021 · Supreme Court of India · Bench: A.M. KHANWILKAR · Disposal: Directions issued
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Judgment (excerpt)

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SUPREME COURT REPORTS
[2021] 5 S.C.R.
   [2021] 5 S.C.R. 1142
1142
RAJNEESH KUMAR PANDEY & ORS.
v.
UNION OF INDIA & ORS.
(Writ Petition (Civil) No. 132 of 2016)
OCTOBER 28, 2021
[A. M. KHANWILKAR, DINESH MAHESHWARI
AND C. T. RAVIKUMAR, JJ.]
Rights of Children to Free and Compulsory Education Act,
2009: ss. 2(ee), 2(n), 3(3), 19, 20, 25-28, 25(2) – Rights of Persons
with Disabilities Act, 2016 – ss. 16-18, 31, 32, 79, 82 – Children
with special needs/disabled children (CWSN) – Appointment of
special and trained teachers in accordance with the pupil-teacher
ratio – Need for – Writ petition on behalf of teachers having B.Ed.
(Special) and D.Ed. (Special) degree/diploma courses and fully
trained to cater to the requirements of CWSN – Grievance as regards
illegality being committed by the concerned State and its Authorities
in employing them in recognised schools on contract basis without
any certainty of tenure – Direction sought to the respondents to
ensure the free and compulsory education to each and every CWSN
as per the Rules, Regulation and Schemes stated, by initiating the
process of appointment of Special Teachers as per the Teacher-
Pupil ratio i.e. 1:5 – Held: 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 – As such need for comprehensive approach by the
concerned Authorities – In view thereof, the Central Government to
notify the norms and standards of pupil-teacher ratio for CWSN
and until then as a stopgap arrangement to adopt the pupil-teacher
ratio as 8:1 for children 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 therein; to create permanent posts as per the
just ratio for the rehabilitation professionals/special teachers; to
complete appointment process for the posts within the stipulated
period; to optimize the resource persons and as a stopgap
arrangement, avail services of special trained teachers as itinerant
teachers within the school block (cluster schools); to give
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compulsory training and sensitized teachers and staff in the general
schools to handle the CwSN; and to merge unviable special schools
with relatively viable special schools in the neighbourhood –
Issuance of directions to the State Commissioners to ensure that
corrective and remedial steps are taken within the specified time –
Rehabilitation Council of India Act, 1992 – ss. 2, 11 to 13 – Persons
with Disabilities (Equal Opportunities, Protection of Rights and Full
Participation) Act, 1995 –National Trust for Welfare of Persons
with Autism, Cerebral Palsy, Mental Retardation and Multiple
Disabilities Act, 1999 – Constitution of India – Art. 32.
Issuing directions, the Court
HELD: 1.1 The crucial issue is about the extent of
obligation of the recognized schools imparting primary and
secondary level education to children below the age of 14 years,
and Children/Child with Special Needs in particular (including in
the special schools established to impart education and training
to CwSN), in light of the central enactments and the schemes
governing the pupil-teacher ratio, as propounded by the
appropriate authority from time to time, for imparting quality
education. The standards to be observed by the schools imparting
primary and secondary level education are governed by the
municipal regulations and were essentially a State subject. They
have been placed in the Concurrent List by the Constitution
(Forty- second Amendment) Act, 1976. [Para 11][1169-D-E]
1.2 With a view to address the growing concern about the
disadvantages suffered by the handicapped persons in every walk
of life including education, the Parliament enacted a law titled
“The Rehabilitation Council of India Act, 1992” to provide for
the constitution of the Rehabilitation Council of India, for
regulating and monitoring the training of rehabilitation
professionals and personnel; promoting research in rehabilitation
and special education; the maintenance of a Central Rehabilitation
Register; and for matters connected therewith or incidental
thereto. [Para 12][1169-F-G]
1.3 With the need to have a formalized scheme for imparting
quality education to CwSN in absence of any specific law on that
RAJNEESH KUMAR PANDEY & ORS. v. UNION OF INDIA
& ORS.
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