Centre to notify norms of student-teacher ratio for special schools: Supreme Court

The Supreme Court on Thursday directed the Central government to notify norms and standards on the student-teacher ratio for special schools as well as separate norms for special teachers who alone can impart education to Children with Special Needs (CwSN) in general schools (Rajneesh Kumar Pandey v. Union of India)..The Bench of Justices AM Khanwilkar, Dinesh Maheshwari and CT Ravikumar also issued the following directions to the Centre:.To create commensurate permanent posts as per the just ratio to be specified by the competent authority for the rehabilitation professionals/special teachers who can cater to the needs of CwSN; To initiate appointment process to fill in vacancies for the posts so created for rehabilitation professionals/special teachers for being appointed on regular basis. The same shall be completed within six months;To overcome the shortage of resource persons, the training schools/institutions must take steps to augment the number whilst ensuring that the norms and standards specified under the governing laws and regulations are fulfilled;Until sufficient number of special teachers becomes available for general schools and special schools, the services of special trained teachers can be availed as itinerant teachers as per the SSS within the school block (cluster schools);The other teachers and staff in the general schools be given compulsory training and sensitized to handle the CwSN in the general schools.State Commissioners have been directed to forthwith initiate suo motu enquiries regarding compliance and then make recommendations to the appropriate authority (of the concerned State/Union Territory). The authority is required to inform the status of compliance to State Commissioners within three months..These directions were passed in a batch of petitions filed by special educators seeking permanency in institutes they teach in, along with perks meant for regular teachers. The writs alleged that most of these teachers were hired on contractual basis, with no security of tenure. Further, it was stated that the adequate pupil-teacher ratio was not being maintained for CwSN..The petitioners claimed that there is a need to appoint 73,888 special teachers on a regular basis to teach 3,69,443 CwSN in Uttar Pradesh. An equally large number of such teachers is required in Punjab so as to fulfil the required pupil-teacher of 5:1, they submitted..While identifying a lacunae in the law in laying down standards for student-teacher ratio in special schools, the Court said,"Needless to observe that the norms and standards, in particular regarding pupil-teacher ratio, specified in the Schedule of the 2009 Act, are only to delineate the minimum benchmark. It is open to the State Government, being the appropriate Government, to provide for a higher benchmark for ensuring imparting of quality education by the schools within its jurisdiction. Further, besides the benchmark specified in the Schedule or by the appropriate Government, as the case may be, it is always open to the school management to appoint more teachers on their own than the notified pupil teacher ratio, if they so desire, for ensuring imparting of quality education to its students.".The matter will be again listed in March 2022 for consideration of the reports received from the concerned State Commissioners..[Read Judgment]