In
the Court of State Commissioner for Persons with Disabilities
National
Capital Territory of Delhi
25- D,
Mata Sundari Road, Near Guru Nanak Eye Centre, New Delhi-2
[Vested with powers of Civil Court under the
Rights of Persons with Disabilities Act, 2016]
Case
No.4/1738/2017-Wel/CD/7093-96 Dated:
04.05.2018
In
the matter of:
Mr.
Naveen kumar
Deputy
General Secretary
Akhil
Dilli Prathmik Shikshak Sangh
Nigam
Vidyalaya,C-5A Janakpuri,
New
Delhi-110058
…………..Petitioner
Versus
Commissioner
East
Delhi Municipal Corporation
419,
Udyog sadan patparganj
Industrial
area New Delhi-110092 ...............Respondent no 1
Commissioner
South
Delhi Municipal Corporation,
Dr,
S.P.M Civic Centre
J.L.N.
Marg,
New
Delhi-110028 ............Respondent no 2
Commissioner
North
Delhi Municipal Corporation,
4th
floor Dr, S.P.M Civic Centre
J.L.N.
Marg,
New
Delhi-110028
.............Respondent no 3
The
Director
Directorate
of Education
Govt
of NCT Delhi
Old
Secretariat
Delhi-110054 .........Respondent no
4
Date of Hearing: 17.04.2018
Present: Sh. A.K. Goel, DDE, Directorate of
Education, Sh. B.R. Meena, SO, North DMC, Sh. M.Mandal, ADE, Education (EDMC),
Ms. Mini Sharma, EDMC, Dr. Mukesh Chand, Director of Education, Sh. R.C.
Baweja, EDMC
ORDER
The above named complainant vide complaint dated
15.09.2017 submitted that despite orders of Hon’ble High Court and instructions
of various authorities like CBSE, RCI, of Government of NCT of Delhi and
Municipal Corporations have not provided even single Special Educator (Primary)
for children with disabilities. The complainant prayed that State Project
Director of UEE, Sarv Shiksha Abhiyan, Government of NCT of Delhi be directed
to provide Special Director (Primary) /Resource Person in each municipal
corporation school on contract/temporary/Guest teachers for academic session 2017-18
or till DSSSB appoints permanent Special Educator so that 2017-18 does not
become zero session for children with disabilities. The complainant also requested to direct the
respondent to appoint only such Special Director (Primary) who fulfils the
recruitment norms prescribed by RCI. The
complaint was taken up with the respondents vide notice dated 27.09.2017.
2. The Directorate of Education vide letter
dated 16.10.2016 informed that appointment of Special Educator (Primary) in MCD
on regular/contractual /guest is beyond the control of Directorate of
Education, GNCT of Delhi. As regards,
deployment of resource person in schools of Directorate of education, MCD,
NDMC, DCB, there are 56 sanctioned posts of resource persons (CWSN). Out of which 14 are working in the academic
year, 2017-18 and the process to fill the remaining posts was under way. There was no response from the respondent no.
2 and 3.
3. Upon considering the reply of respondent
no. 4 hearing was scheduled on
17.01.2018 and respondents were directed to submit following information on or
before date of hearing:
i.
The
number of schools functioning under the concerned respondents: 1028
ii.
The number of sanctioned posts of special
education teacher: (1024+724) = 1728 (TGT), 300- PGT
iii.
The number of resource centres: 14
iv.
The number of special education teachers
appointed on regular basis: 412
v.
The number of special education teachers
appointed on contract/temporary basis or as guest teachers: 333
vi.
Proposal to meet the short fall.
4. During the hearing on 17.1.2018 respondent
No. 4 reiterated that the responsibility to provide Special Education Teachers
(Primary) in MCD schools is beyond the control of Directorate of
Education. It was assured that the
recruitment of primary and upper primary resource persons (CWSN) under IESSA
shall be engaged as per recruitment norms prescribed by RCI. They submitted two letters dated 15.01.2018 as per which, “(i) provision of 01 Special
Education Teacher (Primary) in each school of MCD is prime responsibility of
MCD and the same is beyond the control of Directorate of Education, GNCT of
Delhi. The service of resource person
(CWSN) under IESSA in MCD schools is a stop gap arrangement. There are 56 sanctioned posts of resource
person (SWSN) under IESSA out of which 13 are working in the current
academic year 2017-18 and the process to fill up the remaining posts is under
way. (ii) it is hereby ensured that the recruitment of primary and upper
primary resource person (CWSN) under IESSA shall be engaged as per recruitment
norms prescribed by RCI.” The letters
also contained the following information:
i)
The number of schools functioning under the
concerned
Respondents: 1028
ii)
The number of sanctioned posts of special education
teacher:
(1024+724) =1728 (TGT), 300-PGT
iii)
The number of resource centres: 14
iv)
The number of special education teachers appointed
on regular
basis: 412
v)
The number of special education teachers appointed
on
contract/temporary basis or as guest teachers: 333
vi)
Proposal to meet the short fall: Nil
5. They further submitted that the requisition
to appoint regular Special Education Teachers (SET) for 1329 posts has already
been sent to DSSSB. Process for engaging
278 guest SET is likely to be completed by 19.01.2018. They also clarified that 1080 posts of SETs
were sanctioned on 29.12.2017 and requisition for 724 posts has already been
sent to DSSSB for filling up on regular basis.
Simultaneously, action to engage Guest Teachers on contract basis is
also under way and will be expedited.
The effort is to engage as many guest teachers as possible.
6. The representatives of North DMC and East DMC
submitted the following information in compliance with the ROP dated
18.12.2017:
North DMC:
|
Q.No.
|
Question
|
Answer
|
|
1
|
The
number of schools functioning under the concerned respondents;
|
There are
715 schools functioning under the Education department, North DMC;
|
|
2
|
The
number of sectioned posts of Special Education teachers;
|
There are
719 sanctioned posts of Special Educator (Pry.)in the Education Deptt. North
DMC, One Special Educator (Phy.) shall be posted in each thereof.
|
|
3.
|
The
number of resource centres, if any indicating the details of resources in the
resource rooms;
|
No
|
|
4
|
The
number of special education teachers appointed on regular basis
|
28
Special Educator (Pry.) teachers has been appointed on regular basis.
|
|
5
|
The
number of special education teachers appointed on contract/temporary basis or
as guest teachers;
|
2 Special
Educator (Pry.) Teachers has been engaged on contract basis.
|
|
6
|
Proposal to meet the short fall;
|
Proposal
for recruitement of 691 Special Educator (Pry.) teachers has been forwarded
to DSSSB (Recruiting agency) through South DMC (Nodal Corporation for
appointment)
|
East DMC:
i.365 schools are running under
jurisdiction of EDMC
ii.365 posts of Special Educator
are sanctioned in EDMC
iii.No resource centres are
available in EDMC
iv.33 Special Educators are working
on regular basis in EDMC
v.No Special Educator is working
on contract/temporary basis or as guest teachers.
vi.To fill the 332 post of Special
Educator on regular basis the request has been sent to DSSSB (the recruiting
agency) through SDMC.
7. It
is observed that number of special education teachers on regular and on
contract basis taken together at just 35% of the sanctioned posts in DOE’s
schools, is inadequate to ensure quality education of children with
disabilities. The situation in North DMC
and East DMC is rather dismal at 4% and 9% respectively. South DMC would have no better picture. The
need for taking urgent steps to improve the situation so that the children with
disabilities were not deprived of their basic right was emphasised and all the
respondents were also directed to submit by 19.02.2018, the status and the plan
of action to deploy at least two special educators in every school as per the
directions of the Hon’ble High Court of Delhi. On next date of hearing on
28.02.2018, the representatives of Directorate of Education, East DMC and South
DMC submitted the status of appointment of Special Education Teachers and the
Resource Centres. None appeared on behalf of north DMC nor was any status
report and the plan of action received.
8. Upon perusal of the status
reports and action taken by DOE, EDMC and SDMC and the discussion during the
hearing, it emerged that the deployment of CTET qualified Special Education
teachers through DSSSB is not likely to improve considerably in near future as
such candidates do not become available for various reasons. The reasons prima-facie range from inadequate
number of special education teachers qualifying CTET, not meeting the
requirement of the upper age hint of 30
years for appointment as Guest Teachers or on contract basis, less number of
institutions conducting RCI approved courses, etc. In view of that situation, all the respondents
are advised to consider the
following till the situation improved and the matter was listed for hearing on
17.04.2018.
(i)
Relax
the qualification of CTET for appointment as Special Education Teachers.
(ii)
Relax
the upper age limit atleast for appointment as Guest Teachers or on contract
basis.
(iii)
Open
all vacant posts of Special Education Teachers for short term appointment on
contract basis till candidates become available for regular appointment through
DSSSB.
(iv)
Encourage
the Universities/Colleges/institutions in NCT of Delhi to conduct RCI approved
courses to improve the supply of special education teachers.
9. On the next date of hearing on 17.04.2018,
the representatives of Directorate of
Education submitted that upper age relaxation and relaxation of CTET
qualification is not possible and also not required as they have enough number
of special education teachers against sanctioned of 1747 posts in 1029 schools,
They have ensured one special education teacher in every school and are making
efforts to appoint more special education teachers through DSSSB.
10. East DMC and North DMC vide their letters
dated 17.04.2018 have submitted that it is not possible to relax minimum
qualification/eligibility criteria and relaxation in upper age limit for
appointment of Guest Teachers. The same
is the case with the South DMC who have added vide letter dated 18.4.2018 that
DSSSB has already issued advertisement and written examination is likely to be
conducted in July 2018. It has also been stated by East DMC that appointment of
Special Educator, on contract basis will take atleast 4-5 months and the matter
is being monitored by the Hon’ble High Court.
11.
It is a matter of grave concern that
even after six years of creation of the posts of special education teachers in
the year 2012, and the matter being taken up by this court since May 2015, the
three municipal corporations could fill up less than 10% of the posts. It appears to me that the concerned authorities
have not taken effective and innovative steps to ensure that the children with
disabilities in different schools are enabled to learn on equal basis with
others as mandated by the relevant laws. It is almost crystal clear that even in
the ensuing academic session 2018-19 also, the required numbers of candidates
for the post of special educators would not be available unless some innovative
steps are taken. It is unlikely that the respondents are unaware of the reasons
for unavailability of candidates.
12. In the circumstances, it is recommended that
all the respondents should take effective steps and fill up all the sanctioned
posts of special education teachers within 3 months from the date of receipt of
this order and ensure that all the children with disabilities in the schools
are provided with the services of special education teachers and all other
teaching learning resource material on equal basis with other children. The
respondents are also advised to consider introducing some innovative ways of
optimizing utilization of the services of special education teaches, as a
single education teacher trained in a single disability would not be able to do
justice to the children with other disabilities or those with multiple
disability. A cluster and resource pooling approach within reasonable limit of
geographical area could be adopted so that individual need based support can be
ensured to each child with disability. While doing, transport needs of the
children be kept in view. It is also recommended that Rehabilitation Council of
India may also be consulted with regard to availability of qualified special
education teachers. This court be informed of the action taken as required
under section 81 of the Rights of the Persons with Disabilities Act, 2016.
13.
The Complaint is disposed of.
14. Given
under my hand and the seal of the Court this 04th
day of May,
2018.
(T.D. Dhariyal)
State
Commissioner for Persons with Disabilities
