A gamechanger for inclusive education?

It began as a complaint in the Supreme Court about inadequate facilities in sixteen special schools in the State of U.P. Rajneesh Kumar Pandey’s case has now resulted in the top court issuing landmark directions to all 36 States and Union Territories to recruit special educators, adequate in number as well as in qualifications, for inclusive education in general schools. This presents a unique opportunity for the disability community to monitor and contribute to the progress of integrated education for children with disabilities.

Read more about the development of this case, and how you can contribute, here.

The 2016 petition filed by Rajneesh Kumar Pandey

This civil writ petition was filed in the Supreme Court highlighting the inadequacies in the sixteen special schools in the State of U.P. Recognizing the importance of school education for children with disabilities, the court constituted a two-member committee which visited these schools and reported on their deficiencies. Under the gaze of the SC, the U.P. Education Department promptly took corrective action.

However, the SC did not stop there. Taking a remarkable step, it expanded the scope of the petition to include all States and Union Territories, highlighting the definition of “inclusive education” in the Rights of Persons with Disabilities Act, 2016, and the duties of general schools to provide integrated education to children with disabilities. In a landmark judgment on October 28th, 2021, the court emphasized the need for general schools to comply with the Right of Children to Free and Compulsory Education Act, 2009, the Rights of Persons with Disabilities Act, 2016, and the Rehabilitation Council of India Act, 1992. It directed the Central Government to notify norms for pupil-teacher ratios for special teachers in general as well as special schools. It further directed the States and UTs to determine the number of special teachers required, create permanent posts for them, and to fill them within six months or before the 2022-2023 academic year. ​

The 2022 Central Government guidelines for special educators

Acting on the SC’s direction, the Central Government came out on 10th June 2022 with norms for the qualification of special teachers and the pupil-teacher ratio in regular schools. A ratio of 10:1 (one special educator for every ten children with disabilities) from pre-school to class 5, and a ratio of 15:1 for classes 6 to 12 is specified. In schools where a low number of children with disabilities are enrolled, itinerant special teachers are provided for. Special teachers are to have the educational qualifications specified by the Rehabilitation Council of India and their role has been redefined to be a catalyst to empower children with disabilities. Read the 2022 SC order which reproduces the Central Government circular here.

The latest SC order in March 2025

Rather than leave it to the States, the SC kept monitoring their compliance during 2023 and 2024, even summoning to court the Chief Secretaries of those States that did not file timely progress reports. Ultimately, not satisfied with the pace of their progress, on 7th March 2025 the SC issued mandatory instructions to all States and UTs to notify the number of sanctioned posts for special teachers within three weeks (by 28.03.2025), and directed that these posts should be advertised in widely circulated newspapers and on official websites. ​Selection and appointment must be of qualified teachers with RCI certification. The court has emphasized the urgency of this process and has scheduled the next hearing for 15.07.2025. Under the stern eye of the court, States and UTs have jump started this process. For example, the State of West Bengal has issued new rules for hiring special teachers, and the State of Himachal Pradesh has issued a notification to all concerned departments to do the needful.

The Opportunity for the Disability Community

It has been noted by the World Bank that out-of-school rates for children with disabilities are four to five times that of even the vulnerable Scheduled Tribe (ST) population. The hiring by States of special educators for general schools can be a gamechanger for inclusive education. Civil society working in the disability sector may have an important role to play at the district and local levels. For example, the State Disability Commissioners have been empowered by the SC to monitor and ensure compliance with its orders in this case. Some of the following aspects could be monitored, and non-compliance reported to the State Disabilities Commissioner for taking up with the State authorities:

 

  • Availability of RCI approved special education courses in Government and aided colleges at the State and District levels
  • Mandatory training of special teachers in cross-disability areas
  • Recruitment of permanent special teachers at the district and local levels in the student teacher ratio of 10:1 up to class 5, and 15:1 up to class 12
  • Availability of itinerant special teachers for clusters of schools in close proximity to each other
  • Screening of existing contractual and ad-hoc special teachers for suitability, upgrading their qualifications, and facilitating their hiring as regular special teachers

 

Case References:

Rajneesh Kumar Pandey Vs. Union of India, W.P. (C) NO. 132 OF 2016

Supreme court orders dated: 28.10.2021, 21.07.2022, 07.03.2025