The Supreme Court has issued a decisive directive to all states and union territories, mandating them to identify and officially sanction posts for special educators before March 28. Additionally, it has ordered the immediate commencement of the hiring process and the regularization of ad-hoc teachers based on merit.
This ruling stems from a petition highlighting the severe shortage of specialized educators for children with special needs. Despite previous court orders, many states have yet to take action, with some not even defining the number of required teaching positions.
The court reaffirmed a previously established teacher-student ratio—1:10 for primary schools and 1:15 for middle and secondary schools—and set forth a three-step directive:
- Each state must notify the sanctioned posts.
- These positions must be publicly advertised within three weeks in widely circulated newspapers and on government websites.
- A selection and appointment committee, including representatives from the state education department and the Rehabilitation Council of India (RCI), must be established to ensure qualified candidates are chosen. An RCI certification is mandatory.
A major aspect of the ruling addresses the plight of thousands of ad-hoc special educators, many of whom have worked under temporary contracts for decades. The court has mandated the creation of screening committees in every state to evaluate these educators and, if deemed competent, transition them into permanent roles with appropriate pay scales. The committees will consist of:
- The State Commissioner for Persons with Disabilities
- The Secretary of the Education Department
- A designated RCI representative
In states where a disability commissioner is unavailable, a legal representative or law secretary will take their place. The committees are also authorized to grant age-relaxation benefits to experienced educators who have been teaching for many years.
The Supreme Court emphasized that all states must comply with these directives within 12 weeks, warning that delays will not be tolerated. Importantly, while newly appointed teachers will receive proper pay scales, these benefits will apply only from the date of selection and not retroactively.
The court acknowledged logistical challenges in certain regions, particularly in northeastern states like Sikkim, Nagaland, and Manipur. However, it insisted that efforts to recruit qualified teachers must begin immediately.
The next hearing on this matter is scheduled for July 15, when states will be expected to report on their progress.
