The Supreme Court of India has issued a significant directive to all States and Union Territories (UTs) to immediately identify and notify sanctioned posts for teachers specializing in educating children with special needs. This order, delivered by a bench of Justices Sudhanshu Dhulia and K. Vinod Chandran, aims to address the chronic shortage of qualified educators for such children.
Background of the Case
The order was issued in response to a Public Interest Litigation (PIL) filed in Rajneesh Kumar Pandey & Ors. v. Union of India & Ors. (Writ Petition (Civil) No. 132/2016). The petition highlighted the acute lack of special educators in India, which has severely impacted the quality of education for children with disabilities.
Despite previous Supreme Court orders, particularly the October 2021 judgment, most states had failed to comply with directives regarding teacher recruitment. This led the Court to reiterate its stance and establish a concrete plan for implementation.
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Court’s Key Directives
In its latest order dated March 7, 2025, the Supreme Court laid down the following crucial directives:
Notification of Sanctioned Posts: All States and UTs must identify the required number of special education teachers and notify these sanctioned posts within three weeks (by March 28, 2025).
Advertisement of Vacancies: Once notified, these vacancies must be advertised in at least two widely circulated newspapers and on the official education department and government websites.
Selection and Appointment: A selection committee must be constituted to recruit qualified teachers. Only candidates holding an RCI (Rehabilitation Council of India) certification will be considered eligible.
Regularization of Adhoc Teachers: Many states have been relying on contractual or adhoc teachers, some of whom have been serving for over 20 years. The Court directed that such teachers be assessed for regularization through a Screening Committee.
Formation of Screening Committees: Each state must establish a three-member Screening Committee, consisting of:
- The State Commissioner for Persons with Disabilities (or the Law Secretary in case of absence).
- The Secretary, Education Department.
- A nominee from RCI with relevant expertise.
Teacher-Pupil Ratio Compliance: The Court reiterated the ratio prescribed by the Central Government:
- Primary Schools: 1 teacher per 10 students.
- Middle & Secondary Schools: 1 teacher per 15 students.
Timeframe for Compliance: All states and UTs must implement these directives within 12 weeks from March 7, 2025.
Pay Scale Adjustment: Teachers found eligible through screening will be placed on the special teacher pay scale, effective prospectively (from the date of appointment after selection).
Supreme Court's Statement- "We make it absolutely clear that the benefits of pay scale will only be prospective and not retrospective... Those states where posts have already been sanctioned should immediately start the selection process."
The Court acknowledged logistical difficulties faced by Sikkim, Arunachal Pradesh, Nagaland, and Manipur, where a shortage of trained teachers has hindered recruitment efforts. However, it directed these states to initiate the recruitment process as per the availability of qualified educators.
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Data on Special Needs Students by State
The Court also reviewed the number of children with special needs in each State/UT:
- Uttar Pradesh: 301,718
- West Bengal: 135,796
- Kerala: 123,831
- Madhya Pradesh: 120,764
- Tamil Nadu: 100,460
- Bihar: 85,344
- Odisha: 86,689
- Rajasthan: 71,929
- Chhattisgarh: 73,765
- Punjab: 47,979
- Delhi: 32,398
Quote from the Judgment- "In spite of multiple orders, no significant steps have been taken by most states. Given that we now have data on the number of children with special needs, states should have, at the very least, identified the sanctioned posts."
The Court has scheduled the next hearing on July 15, 2025, to review compliance.
Case Title: Rajneesh Kumar Pandey & Ors. v. Union of India & Ors, Writ Petition(s)(Civil) No(s). 132/2016
