Notify And Advertise Posts Sanctioned For Teachers For Children With Special Needs: Supreme Court Directs All States And UTs

The Supreme Court has pulled up States and Union Territories (UTs) for failing to comply with its 2021 judgment and subsequent orders directing the appointment of special educators for children with special needs (CWSN).

Despite repeated directions, no appointments have been made, and many States have yet to even identify the required sanctioned posts.

The Bench of Justice Sudhanshu Dhulia and Justice K. Vinod Chandran expressed serious concern over the lack of implementation of its judgment dated October 28, 2021, as well as its follow-up orders on July 21, 2022, and March 12, 2024.

The Court noted that despite having data on the number of children with special needs, most States have failed to act.

States’ Inaction and Student Data

According to figures presented before the Court, over 15 lakh children with special needs are currently enrolled across various States and UTs. However, the recruitment process for special educators remains stalled.

The Court reprimanded States and UTs for their inaction, especially after the Centre had already provided a teacher-student ratio of 1:10 for primary schools and 1:15 for middle and secondary schools. The Apex Court directed all States and UTs to complete the following steps within a strict timeline:

1. Identification and Notification of Sanctioned Posts: States and UTs must notify the number of posts sanctioned for special educators within three weeks (by March 28, 2025).

2. Advertisement of Posts: The vacancies must be advertised in at least two widely circulated newspapers and posted on State education department websites.

3. Selection of Qualified Teachers: Only competent and eligible teachers with the required Rehabilitation Council of India (RCI) certification can be recruited.

Regularisation of Contractual Special Educators

The Supreme Court also addressed the plight of thousands of contractual special educators who have been serving for nearly two decades in some States. To address their concerns, the Court directed States to form a three-member Screening Committee to assess their eligibility. The committee will include:

1. State Commissioner for Persons with Disabilities (or Legal Representative/Law Secretary in States where the post is vacant)

2. Education Secretary of the concerned State

3. A nominee from the Rehabilitation Council of India (RCI)

The Screening Committee will evaluate contract teachers and ensure that those who are qualified and competent are regularized with the pay scale of a special educator. The Court also permitted age relaxation for deserving candidates. However, it clarified that salary benefits will only apply prospectively, from the date of their official appointment.

Strict Timelines for Compliance

The entire recruitment and selection process must be completed within 12 weeks, including the initial three-week deadline for post-identification. "We make it absolutely clear that the benefits of pay scale will only be prospective and not retrospective i.e. from the date of their such appointment after selection. They will be appointed against the sanctioned posts and shall be given the pay-scale which is to be given on that post only after screening. It is made clear that those State where posts have already been sanctioned should immediately start the selection process," it added.

The Bench also addressed logistical challenges in smaller States like Sikkim, Arunachal Pradesh, Nagaland, and Manipur, directing them to initiate the recruitment process based on available qualified teachers.

The matter will now be reviewed on July 15, 2025, to ensure compliance.

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

Click here to read/download the Order