Supreme Court Asks States To Inform Steps Taken To Regularise Special Teachers Working On Contractual Basis

In a matter pertaining to special teachers being engaged on contract basis without security of tenure, the Supreme Court has called for affidavits from all States in the country specifying the number of such teachers working under them on contractual basis, who are Rehabilitation Council of India (RCI)-trained and eligible to be appointed.

The Bench of Justices CT Ravikumar and Rajesh Bindal has further asked states to disclose information in the affidavits about these teachers' service conditions "including the pay-scale/consolidated wage being given to them, number of years they have been working on contract basis and the steps, if any, taken to regularise their service" imbibing the spirit of the 2021 judgment in the matter.

The affidavits, which are to be filed within 4 weeks from the date of the order (ie March 12), are also required to mention the number of sanctioned posts, and if the sanctioned posts are lesser in number, then the "steps taken to sanction further posts to ensure appointment of such teachers on regular basis".

The development is preceded by a judgment of the Court, rendered on October 28, 2021, whereby certain directions were issued and compliance reports called. These included directions to Central government to:

(i) Forthwith notify the norms and standards of pupil­-teacher ratio for special schools and also separate norms for special teachers who alone can impart education and training to CwSN (Children with Special Needs) in the general schools,

(ii) Create commensurate permanent posts as per the just ratio to be specified by competent authority,

(iii) Initiate appointment process to fill­ vacancies for rehabilitation professionals/special teachers, appointing them on regular basis.

Case Title: Rajneesh Kumar Pandey & Ors. v. Union of India & Ors, Writ Petition(s)(Civil) No(s). 132/2016

Click here to read the order