Hon'ble Yogendra Kumar Sangal,J.
1. Learned CSC has accepted notice on behalf of O.P. No.1 to 4, Sri A. M. Tripathi has accepted notice on behalf of O.P. No.5, Assistant Solicitor General of India has accepted notice on behalf of O.P. No.6, 7 and 8, Mrs. Anuja Saxena has accepted notice on behalf of O.P. No.9 and Sri Vinai Shanker has accepted notice on behalf of O.P. No.10.
2. Admit.
3. Present writ petition in public interest litigation, has been filed to provide necessary facilities with regard to education to the disabled children of the State of U.P.
4. According to petitioners' counsel, the total number of enrolled Children With Special Needs (CWSN) are 366145, to receive education in the session of 2009-2010. The teachers who are 1291 in number, have been appointed possessing specialised training to impart education to these disabled children. However, Secretary, Basic Education who appeared in person in pursuance of the order passed by this Court, admits that the total strength of disabled children is 366145. However, so far as the teachers are concerned, they are 1291. A short counter affidavit has been filed on behalf of the opposite party No.1, showing in para 8 thereof, the strength of disabled children which is as under:
5. It has been stated by the Secretary that so far as Orthopaedic disabled children are concerned, no special teachers are required to impart education for them. It has further been stated by the Secretary that total strength of specially trained teachers required is 1603 though, the actual number is 1291. It has been stated that remaining vacancy shall be filled in next three months.
6. However, petitioner's counsel submits that ratio of teachers and the disabled students should be 1:8 and it should be much more than what has been stated by the Secretary while filing affidavit.
7. The teachers and students ratio with regard to disabled children is governed by the circular issued by the Government of India under the Integrated Education for Disabled Children (IEDC) Scheme, contained in Annexure No.8 to the writ petition. The circular provides that the ratio should be 1:8. The Rehabilitation Council of India Act, 1992 also contained special provisions and casts statutory duty on the State to appoint teachers and make necessary arrangements for teachers. Another Act i.e., The Persons With Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (in short 1995 Act), which came into force with effect from 7.2.1996, also deals with to some extent, with regard to disabled persons.
8. Undoubtedly, the scheme or integrated education for disabled children prepared by the Government of India, provides that teacher and disabled students ratio should be 1:8.
9. Attention has been invited to the order passed by the Delhi High Court where, a Division Bench has directed to appoint specially trained teachers to impart education to disabled persons in ratio of 1:2.
10. Sri D.K. Upadhyay learned Chief Standing Counsel submits that teachers are appointed keeping in view the strength of disabled students at block level. It has been submitted that [3] recent circular issued by the Government of India under Sarv Shiksha Abhiyan, provides that appointment should be made in a particular block depending upon the size and strength of disabled persons. However, so far as the circular issued by the Government of India under Sarv Shiksha Abhiyan is concerned, it is general circular issued to impart education and does not provide ratio of teacher and students. It has been stated that under Sarv Shiksha Abhiyan, teachers shall be appointed which shall work on itinerant or mobile and they will travel from one school to other.
11. A perusal of the scheme of the Integrated Education for Disabled Children and other various circulars filed by the petitioner along with the writ petition show, that the Government of India has given emphasis to appoint sufficient number of teachers to deal with the subject. The minimum ratio is 1:8.
12. Accordingly, keeping in view the over all strength of disabled students in the State of U.P., the strength of teachers 1291 does not meet the requirement of Circular issued by the Government of India. It is the statutory duty of the State Government under 1992 Act and 1995 Act (supra), to provide all necessary help and assistance to physically disabled students.
13. Though, a defence has been taken that physically orthopaedically disabled student do not require any assistance from the State Government but we are of the view that now, right to education and right to livelihood being the fundamental rights enshrined under Articles 21 and 21-A of the Constitution, the State Government has to make all efforts to provide necessary assistance to all disabled persons. Taking into consideration the meagre strength of 1291 teachers, we cannot presume that State Government may be able to impart education to disabled students.
14. In view of the above, we direct the respondents to file a detailed [4] counter affidavit containing parawise reply to the contents of writ petition, within four weeks. Rejoinder affidavit may be filed within two weeks.
15. List thereafter.
16. In the meantime, an ad interim mandamus is issued directing the State Government of U.P. to appoint sufficient number of teachers having specialised training strictly in accordance with law in view of the circular issued by the Government of India as well as other circulars in the ratio of 1:8.
17. Let necessary steps be taken and appointment be completed within four months from today. The Secretary, Basic Education shall file his personal affidavit. So far as other reliefs are concerned, it shall be considered after receipt of counter affidavit.
18. In case action is taken in pursuance of the order and is complied with, it shall not be necessary for the Secretary to appear in person.
[ Justice Devi Prasad Singh ] Order Date :- 17.6.2010 Rajneesh) [Justice Yogendra Kumar Sangal]