The Supreme Court has directed all states and Union Territories to notify the sanctioned posts of teachers for children with special needs by March 28, 2025, and to immediately commence the selection process.
Regularization Of Ad-Hoc Teachers
A bench comprising Justice Sudhanshu Dhulia and Justice K Vinod Chandran emphasized that ad-hoc teachers currently working in different states should be regularized based on merit by a scrutiny committee. The court underscored that only qualified and competent educators should be appointed for these roles.
Mandatory Notification & Advertisement
The court ordered that each state and UT must issue notifications detailing the number of sanctioned posts for special educators. These posts must be:
Sanctioned and notified within 3 weeks (by March 28, 2025).
Advertised in at least 2 widely circulated newspapers in each state.
Published on the Department of Education’s website and the official government portal of each state.
Supreme Court’s Observations
The ruling came in response to a petition filed by Rajneesh Kumar Pandey and others, which highlighted the severe shortage of special educators, particularly in Uttar Pradesh and other states. Advocate Prashant Shukla represented the petitioners in the case.
The Supreme Court noted that, despite its 2021 judgment, states and Union Territories had failed to appoint teachers for these sanctioned posts. Many states had not even identified the required number of posts, despite the existence of official data on children with special needs.
Additionally, the court observed that several states continue to employ ad-hoc and contractual teachers for these roles. In some states, such teachers have been serving for nearly 20 years without regularization.
Formation of Screening Committees
To address this issue, the Supreme Court ordered all states to immediately form a screening committee, consisting of:
State Commissioner for Persons with Disabilities
Secretary Of Education Department
A nominee from the Rehabilitation Council of India (field expert)
If a disability commissioner is unavailable, they shall be substituted by a legal representative or the state’s Law Secretary.
Implementation & Future Hearing
States where posts have already been sanctioned must immediately begin the selection process. The court acknowledged logistical challenges faced by states like Sikkim, Arunachal Pradesh, Nagaland, and Manipur but directed them to initiate the recruitment process, subject to the availability of qualified candidates.
The case has been scheduled for a further hearing on July 15, 2025.
Petitioners’ Plea For Special Educators
The petitioners, who are trained special educators, argued that appointing qualified professionals is critical for ensuring the success of the Right to Education Act. Advocate Prashant Shukla pointed out that Rajneesh Kumar Pandey, one of the petitioners, is a contract-based special educator in Uttar Pradesh.
He filed the case in 2016, and the Supreme Court later converted it into a Public Interest Litigation, extending relief to special educators across the country, where there is already a huge shortage of trained teachers for children with special needs.
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