"Cater To Needs Of Underprivileged Children": Delhi High Court On Appointment Of Special Educators In Schools Managed By Municipal Corps

The Delhi High Court has sought response of the Delhi Government with regards to the large number of vacancies for the post of Special Educator (Primary) in the schools managed by municipal corporations.

A Division Bench of Justice Rajiv Shakdher and Justice Talwant Singh noted that there is "differential treatment" accorded by the GNCTD in respect of the Special Educators appointed in schools, which are run under the aegis of DOE, as against those, which are managed by the aforementioned municipal corporations.

Thus, asking the Government to 'tweak the policy as per the needs of underprivileged children', the Bench ordered thus:

"On the next date of hearing, Ms. Ahlawat will inform the court as to, whether our concern with regard to the large number of vacancies available qua the post of Special Educator (Primary) has been put to the relevant authority, and the decision, if any, taken in that behalf."

The petitioners had challenged the action of the Delhi Subordinate Services Selection Board in not providing age relaxation to them for applying to the post of Special Educator (Primary) in Municipal Corporation, Delhi despite the relaxation granted by the government in terms of directions issue by the High Court.

It was the case of petitioners that in 2019, the High Court had directed the Delhi Government as well as MCD to create posts of Special Educators in all schools managed by it and local government bodies, keeping in view the provisions of the Persons with Disability Act (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.

The petitioners were aggrieved by the impugned Judgment dated July 20, 2021 wherein the Central Administrative Tribunal, had dismissed their original application.

"Because the Hon'ble Tribunal failed to appreciate that the respondents have erred in not extending the benefit of relaxation granted by Hon'ble LG as was issued vide Order dated 13.03.2020 by the Director of Local Bodies, Govt of NCT of Delhi to the candidates in general for the posts in question which have been advertised for the first time after the aforesaid relaxation order has been passed," the plea filed through Advocate Sudhir Naagar read.

Observing that around 1126 vacancies were available for the post of Special Educator (Primary), the Court was of the view thus:

"The irony is, while the respondents are not getting candidates for appointments to the post of Special Educator (Primary), they have, in a sense, created an impediment in the way of interested candidates, by insisting on the age criteria, presently, put in place."

Accordingly, the Court took note of an office order issued by the Delhi Government dated December 6, 2019, by way of which a one-time age relaxation of 10 years, beyond the age limit prescribed by the Directorate of Education in the recruitment rules regarding the post of Special Education Teacher was granted.

Another office order dated March 13, 2020 was taken note of wherein the said one-time age relaxation, concerning the post was granted.

Accordingly, the Court issued notice to Delhi Govt, Delhi Subordinate Services Selection Board, NDMC, SDMC and EDMC and asked them to file counter affidavit in the matter.

The matter was then posted on September 30 for directions.

Case Title: POOJA BHATIJA & ORS v. DELHI SUBORDINATE SERVICES SELECTION BOARD & ORS.

Click Here To Read Order