1

ITEM NO.15 COURT NO.3 SECTION X

S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS

Writ Petition(s)(Civil) No(s). 132/2016

RAJNEESH KUMAR PANDEY & ORS. Petitioner(s)

VERSUS

UNION OF INDIA & ORS. Respondent(s)

(Mr. Rishi Malhotra [Amicus Curie]

IA No. 123252/2020 - APPLICATION FOR PERMISSION
IA No. 74824/2021 - APPLICATION FOR PERMISSION
IA No. 50471/2021 - APPLICATION FOR PERMISSION
IA No. 37238/2021 - APPLICATION FOR PERMISSION
IA No. 97659/2018 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 174218/2018 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 146547/2019 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 146274/2019 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 16355/2020 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 190123/2019 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 23736/2019 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 97663/2018 - CLARIFICATION/DIRECTION
IA No. 115912/2018 - CLARIFICATION/DIRECTION
IA No. 21055/2018 - CLARIFICATION/DIRECTION
IA No. 128163/2017 - EXEMPTION FROM FILING O.T.
IA No. 2/2016 - EXEMPTION FROM FILING O.T.
IA No. 16358/2020 - EXEMPTION FROM FILING O.T.
IA No. 9/2017 - EXEMPTION FROM FILING O.T.
IA No. 173591/2019 - EXEMPTION FROM FILING O.T.
IA No. 74820/2021 - GRANT OF INTERIM RELIEF
IA No. 30082/2018 - GRANT OF INTERIM RELIEF
IA No. 86670/2016 - IA FOR IMPLEADMENT
IA No. 27854/2017 - IMPLEADMENT, DIRECTION, OT
IA No. 126356/2017 - INTERVENTION APPLICATION
IA No. 97652/2018 - INTERVENTION APPLICATION
IA No. 98109/2018 - INTERVENTION APPLICATION
IA No. 12758/2019 - INTERVENTION/IMPLEADMENT
IA No. 173590/2019 - INTERVENTION/IMPLEADMENT
IA No. 174217/2018 - INTERVENTION/IMPLEADMENT
IA No. 146544/2019 - INTERVENTION/IMPLEADMENT
IA No. 97651/2018 - INTERVENTION/IMPLEADMENT
IA No. 30187/2018 - INTERVENTION/IMPLEADMENT
Signature Not Verified

IA No. 129598/2018 - INTERVENTION/IMPLEADMENT

Digitally signed by
DEEPAK SINGH
Date: 2022.07.25

IA No. 146273/2019 - INTERVENTION/IMPLEADMENT

16:55:42 IST
Reason:

IA No. 16351/2020 - INTERVENTION/IMPLEADMENT

IA No. 74815/2021 - INTERVENTION/IMPLEADMENT
IA No. 146263/2019 - INTERVENTION/IMPLEADMENT
IA No. 74381/2021 - INTERVENTION/IMPLEADMENT
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IA No. 107257/2018 - INTERVENTION/IMPLEADMENT

IA No. 98708/2019 - INTERVENTION/IMPLEADMENT
IA No. 190121/2019 - INTERVENTION/IMPLEADMENT
IA No. 21051/2018 - INTERVENTION/IMPLEADMENT
IA No. 6824/2021 - PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES
IA No. 131315/2018 - PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES
IA No. 3/2017 - PERMISSION TO FILE ANNEXURES
IA No. 6/2017 - PERMISSION TO FILE ANNEXURES
IA No. 1/2016 - PERMISSION TO FILE LENGTHY LIST OF DATES)

WITH
W.P.(C) No. 876/2017 (X)
(FOR
FOR EXEMPTION FROM FILING O.T. ON IA 29329/2018
FOR impleading party ON IA 29969/2018
FOR INTERVENTION/IMPLEADMENT ON IA 29969/2018
FOR impleading party ON IA 7557/2019
FOR INTERVENTION/IMPLEADMENT ON IA 7557/2019
IA No. 29329/2018 - EXEMPTION FROM FILING O.T.
IA No. 7557/2019 - INTERVENTION/IMPLEADMENT
IA No. 29969/2018 - INTERVENTION/IMPLEADMENT)

Date : 21-07-2022 These matters were called on for hearing today.

CORAM :
HON'BLE MR. JUSTICE A.M. KHANWILKAR
HON'BLE MR. JUSTICE ABHAY S. OKA
HON'BLE MR. JUSTICE J.B. PARDIWALA

For Petitioner(s) Mr. Prashant Shukla, Adv.

Mr. Suyash Srivastava, Adv.
Mr. Shankar Singh, Adv.
Ms. Aaina Walia, Adv.
Ms. Shreya Mishra, Adv.
Mr. Prakhar Srivastava, Adv.
Mr. Deepak Parashar, Adv.
Mr. Vishal Singhal, Adv.
Mr. Satyajeet Kumar, AOR

For Respondent(s) Ms. Rashmi Nandakumar, AOR

Mr. Shankar Narayanan, Adv.

Ms. Aishwarya Bhati, Ld. ASG

Mr. R. Bala, Sr. Adv.
Mr. Akshay Amritanshu, Adv
Ms. Vimla Sinha, Adv.
Ms. Kirti Khangarot, Adv.
Ms. Nidhi Khanna, Adv
Ms. Preeti Rani, Adv.
Ms. Mrinal Elker Mazumdar, Adv.
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Ms. Priyanka Sharma, Adv.

Mr. Prahil Sharma, Adv.
Mr. Harsh Singhal, Adv.
Mr. Harender singh, Adv.
Mr. Ambuj Saraswat, Adv.
Mr. Manish Tiwari, Adv.
Mr. Mukesh Kumar Verma, Adv.
Ms. Indira Bhakar, Adv.
Mr. Neeraj Kumar Sharma, Adv.
Mr. Sumit Anchal, Adv.
Mr. Ashutosh Jain, Adv.
Mr. Gurmeet Singh Makker, AOR

Mr. Vinay Garg, AOR

Mr. Tanmaya Agarwal, AOR

Mr. Anuvrat Sharma, AOR

Ms. Garima Prasad Sr. Adv.

Mr. Krishnanand Pandeya, AOR
Ms. Sansriti Pathak, Adv.

Ms. Uttara Babbar, AOR

Ms. Anuja Saroha, Adv.

Mr. V.M. Popli, Adv.
Mr. S.M. Popli, Adv.
Mrs. B. Sunita Rao, AOR

Mr. Suhaan Mukerji, Adv.

Mr. Nikhil Parikshith, Adv.
Mr. Vishal Prasad, Adv.
Mr. Abhishek Manchanda, Adv.
Mr. Sayandeep Pahari, Adv.
Mr. Tanmay Sinha, Adv.
M/S. Plr Chambers And Co., AOR

Ms. K. Enatoli Sema, AOR

Mr. Amit Kumar Singh, Adv.
Ms. Chubalemla Chang, Adv.

Mr. Abhimanyu Tewari, AOR

Ms. Eliza Bar, Adv.

Mr. Shuvodeep Roy, AOR

Mr. Arnav Singh Deo, Adv.

Mr. Sibo Sankar Mishra, AOR

Mr. Ashok Panigrahi, AOR

Mr. Ashok Panigrahi, Adv.
Mr. Nabab Singh, Adv.
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Ms. Geetanjali Das Krishnan, Adv.

Ms. Varnalee Mishra, Adv.

Mr. Anand Shankar, AOR

Mr. Debanis Mukherjee, Adv.

Mr. Sameer Abhyankar, AOR

Mr. Abhinav Mishra, Adv.
Ms. Nishi Sangtani, Adv.
Ms. Vani Vandana Chhetri, Adv.
Ms. Yeshi Rinchhen, Adv.

Mr. Aravindh S., AOR

Mr. Satish Pandey, AOR

Ms. Taruna Ardhendumauli Prasad, AOR

Ms. Shreya Shrivastava, Adv.
Mr. Ashish Madrado, Adv.

Mr. Piyush Dwivedi, AOR

Mr. R.K. Rathore, Adv.

Ms. Ranjeeta Rohatgi, AOR
Ms. Samten Doma, Adv.

Mr. V.V.V.B.M. Pattabhiram, Ld. DAG

Mr. Yashraj Sinh Bundela, Ld. GA
Mr. Susheel Tomar, Adv.
Mr. Pashupathi fNath Razdan, AOR

Mr. Ravindra Sadanand Chingale, AOR

Mr. Shashank singh, Adv.
Ms. Sakshi Raghuvanshi, Adv.

Mr. P. Venkat Reddy, Adv.

Mr. Prashant Kr, Tyagi, Adv.
Mr. P. Srinivas Reddy, Adv.
M/S. Venkat Palwai Law Associates, AOR

Ms. G. Indira, AOR

Mr. D. Mahesh Babu, AOR

Ms. Deepanwita Priyanka, AOR

Mr. Abhinav Mukerji, AOR

Mr. Akshay C. Shrivastava, Adv.
Ms. Bihu Sharma, Adv.
Ms. Pratishtha Vij, Adv.

Mr. Rishi Malhotra, AOR (NP)

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Mr. Manish Kumar, AOR

Mr. Harsh Choudhary, Adv.

Mr. Mahfooz A. Nazki, AOR

Mr. Polanki Gowtham, Adv.
Mr. Shaik Mohamad Haneef, Adv.
Mr. T. Vijaya Bhaskar Reddy, Adv.
Mr. K.V. Girish Chowdary, Adv.
Ms. Rajeswari Mukherjee, Adv.

Mr. Ravinder S. Saini, Adv.

Mr. Hitesh Kumar sharma, Adv.
Mr. Akhileshwar Jha, Adv.
Ms. Niharika Dwivedi, Adv.

Mr. D. Kumanan, AOR

Mr. sheikh Fakhruddin Kalia, Adv.

Mr. Sumeer sodhi, AOR

Mr. Prannoy J. Sebustian, Adv.
Mr. Dhruv Wadhawa, Adv.

Mr. Aviit Mani Tripathi, AOR

Mr. T.K. Nayak, Adv.
Ms. Marbiany K., Adv.

Mr. Nishe Rajen Shonker, AOR

Ms. Anu K. Joy, Adv.
Mr. Alim Anvar, Adv.

Mr. Siddhash Kotwal, Adv.

Ms. Ana Upadhyay, Adv.
Ms. Manya Hasija, Adv.
Mr. Akash Singh, Adv.
Mr. Nihar Dhararadhikari, Adv.
Mr. Nirnimesh Dube, AOR

Mr. Pukhrambam Ramesh Kumar, AOR

Mr. Karun Sharma, Adv.
Mr. Wahengbam Immanuel Meiei, Adv.

Mr. Pradhuman Gohil, Adv.

Ms. Taruna Singh Gohil, AOR
Ms. Ranu Purohit, Adv.
Mr. R. Vishnu Kumar, Adv.

UPON hearing the counsel the Court made the following

O R D E R

We are informed that Mr. Rishi Malhotra, learned

Amicus Curiae is in personal difficulty today.

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Accordingly, hearing of these matters is deferred

till 17.08.2022.

Our attention has been invited to the communication

issued by the Under Secretary to the Government of India,

Ministry of Education, Department of School Education and

Literacy dated 10.06.2022 informing all the State

Governments and Union Territories about the acceptance of

the recommendation made by the Rehabilitation Council of

India by the department and urging the concerned

States/Union Territories to give effect to the said

decision in right earnest and adhere to the direction

given by this Court in judgment dated 28.10.2021. The

communication reads thus:

"F.No.3-5/2021-IS.18
Government of India
Ministry of Education
Department of School Education & Literacy

Shastri Bhawan, New Delhi

Dated: 10th June, 2022

To,
1. Education Secretaries of all States and UTs

2. The Commissioner,
Kendriya Vidyalaya Sangathan
18, Institutional Area,
Shaheed Jeet Singh Marg, New Delhi- 110016

3. The Commissioner.
Navodaya Vidyalaya Samiti,
B-15, Institutional Area,
Sector 62, Noida, Uttar Pradesh 201 307
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Subject: Compliance of judgment dated 28.10.2021 in the matter of W.P(C) 132 of 2016
titled as Rajneesh Kumar Pandey & Ors. vs. Union of India & Ors., before the Hon'ble
Supreme Court of India—reg.

Sir/ Madam,

I am directed to refer to the judgment dated 28.10.2021 of W.P(C) 132 of 2016 titled as Rajneesh
Kumar Pandey & Ors. vs. Union of India & Ors., before the Hon 'ble Supreme Court of India
wherein it directed Central Government to forthwith notify the norms and standards of pupil teacher
ratio for special schools and also separate norms for special teachers who alone can impart education
and training to Children with Special Needs (CWSN) in the general schools.

2. The Norms and Standards of Pupil Teacher Ratio (PTR) for special schools and also
separate norms for special teachers who alone can impart education and training to CwSN in
the general schools, as recommended by Rehabilitation Council of India (RCI). Department of
Empowerment of Persons with Disabilities (DEPID). Government of India. have been accepted
by this Department, and are detailed as under-

Pupil Teacher (Special Education Tencher) Ratio for Regular (Inclusive) School

Levels Qualifications Recruitment Minimu Recommend Remark

Process m No. ed PTR
of Spl.
Ed.
Teacher
(s)
Foundatio Primary 1. D.Ed. in Special 10:1 Availabili
na Level Education from a (Pupils with ty of
I Stage RCI Approved Through disabilities service of
(Pre- Institute and CTET/TET/N enrolled and special
school possess a valid TA special education
Class RCI Score+ teacher) teacher
1 &2) CRR number Demonstra should be
or tion of Class mandator
Preparato D.El.Ed. with a room teaching One y even if
ry recognized + Interview or (***) the
Stage qualification as per the school
(Class (Certificate/Diplo recruitment has one
3 10 5) ma*) processw and student
from a RCI apted from with
approved time to time disability
institution
equivalent to
D.Ed. in Special
Education and
possess a valid
CRR number

2. Six-month
training of
 8

teaching in cross
disability area in
inclusive education
(**)
Middle Upper 1. B.Ed. in Special One 15:1 (Pupils
Stage Primary Education from a (***) with
(Class 6 to + RCI Approved disabilities
8) Seconda Institute and enrolled and
Secondary ry + possess a valid special
Stage Higher RCI and CRR education
(Class 9 to Seconda number teacher)
12) ry or
B.Ed. With a
recognized
qualification
(Certificate/Diplo
ma*) from a RCI
approved
institution
equivalent to B.Ed.
in Special
Education and
possess a valid
RCI CRR number

2. Six-month
trainng of teaching
in cross disability
area in inclusive
education (**)

(*) RCI makes effort to design and conduct such training programme through its approved
institution for in-service/pre-service general teachers.

(**) If the proposed programme (cross disability/top up courses being developed by RCI as on in
service training is not available, the same may be dropped from the qualifications with a condition
that those recruited with D.Ed./B.Ed. Special Education or equivalent qualifications have to
compulsorily undergo aforesaid training as soon as the same is conducted.

(***) Note 1: One school and one (minimum) special education teacher norms remains intact,
however, ahoc/special provision of ltinerant Special Education Teacher under special circumstances
as per the PTR specified above may be done in cluster of schools in case of (i) adequate number of
special education teachers are not available. (ii) school is a single teacher school having only one
general education teacher. This may be done with the conditions that the allotment of (1) not more
them 4 schools; (2) and distance between any 2 alloted schools should not to be more than 5
kilometers so that special education teacher gets the required time to provide necessary interventions
at cach school level. The aforesaid condition of number of schools and distance covered shall remain
intact till minimum of 50% of the PTR is maintained and, the special education teacher and schools
make effort to bring more students with disabilities to classrooms to maintain required PTR. In case
the minimum 50% of PR is not achieved, one by one nearby schools shall be added on till minimum
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of 50% of PTR is achieved.

Note 2- In case of multi-level school (foundation to secondary stage) ad-hoc provision of one
Special Education Teacher may be considered if the whole school has 10 or less than 10 students
with disabilities.

(#) The parity of pay and service conditions should be adhered to for special education teachers
as done for general education teachers as national and state levels.

3. Further RCI has given a Clarification regarding the types of disabilities as per RPwD Act,
2016 for which Special Educator is not required or can be addressed by trained General Teachers by
specifying the names of disabilities. Out of 21 disabilities, currently Rehabilitation Council of India
has standard training programmes in the following disabilities: Blindness, Low-vision, Hearing
Impairment (deaf and hard of hearing). Intellectual Disability, Autism Spectrum Disorder, Cerebral
Palsy, Specific Learning Disabilities, Speech and Language disability, Multiple Disabilities including
deaf-blindness. Only sensitization and orientations are given in other areas of disabilities. As special
educator can support other disabilities with sensitization and orientation training such as: Leprosy
Cured persons, Locomotor Disability, Dwarfism, Mental Illness, Muscular Dystrophy, Chronic
Neurological condition, Multiple Selerosis, Thalassemia, Haunophilia, Sickle Cell disease, Acid
Attack victim and Parkinson's disease; hence trained general education teachers can be sensitized
and oriented in the aforesaid disability areas besides other disabilities. RPwD Act (2016). Chapter
3.16. (iv) P. 11 demands that "provide necessary support individualized or otherwise in environments
that maximise academic and social development consistent with the goal of full inclusion", hence the
groups having other disabilities as mentioned may any time demand the services of special education
teachers apart from the services of general education teachers in inclusive schools.

4. Regarding RCI recommendation contained in Note 2 (#) of para 2 above, i.e. "the parity
of pay and service conditions should be adhered to for special education teachers as done for
general education teachers at national and state levels", it is related to respective State
Governments/ UT Administrations as Education being in the concurrent list of subjects.
Therefore, State Governments/ UT Administrations may ensure.

5. RCI has also recommended and redefined the role of special teachers, while being a catalyst
to empower children with disabilities special teachers will undertake the following role
responsibilities for facilitating inclusive education:

i. Providing tips for making an inclusive school climate; culture and ethos where all
systems from admission to assessments, teaching and evaluation are disability friendly.

ii. Planning curriculum with reasonable accommodations, including adaptations and

modifications as per individual and specific disability needs.

iii. Collaborate with general teachers for certain skill based subjects or for activities which
have small group instructions like cooperative learning, flipped classrooms and peer
tutoring.

iv. Develop and create supplemental learning materials for specific students, including
visual, manipulative, text, and technology resources.

v. Undertake need assessment and examine student's special educational needs and progress
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in classrooms and beyond within school hours.

vi. Collaborate with school counselor for monitoring and addressing grievances and prevent
bullying of children with disabilities.

vii. Routinely check the functioning and maintenance of aids, appliances devices and
assistive devices.

viii. Undertake parent support programs: connect parents to schools and vice versa.

ix. Develop a buddy system/Divyangamitra by creating sensitization programs for peers.

x. Identify talents, abilities and twice exceptionality in children with disabilities.

6. The outreach activities for special teachers are as under:

i. Undertake home visits and support home training programs.

ii. Collaborate and liasoning with boards for assessments, certifications and UDID cards.

iii. Conduct community sensitization programs and conduct surveys.

iv. Undertake resource mobilization; for example arranging for device support, Braille books,
interpreters services, arranging readers and scribe for children with disabilities.

v. Communicating and advocating for the right students with disabilities.

7. The suggested activities for special teachers are as under:

i. Developing annual/monthly calendar of activities for inclusion.

ii. Co-planning of lessons and providing tips for teaching children with disabilities
Implementation of IEPs.

iii. Arranging for celebrations and workshops such as poster competitions, showcasing success
stories and films glorifying abilities of children with disabilities for awareness and
empowerment.

iv. Working with school council/School Development Management Committee (SDMC) School
Management Committee (SMC) for inclusive education, community and parent volunteering
activities.

v. Ascertaining felt needs of teachers, develop checklists or inclusive, experiential workshops,

disability sensitizations etiquettes, family fair and 'Inclusion Mela'.

8. States Governments and UT Administrations may take further necessary action in the
light of judgment dated 28.10.2021 of Hon 'ble Supreme Court and furnish the action taken
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report to this Department by 25th June, 2022 to enable this department to submit compliance
affidavit before Hon'ble Supreme Court of India.

Yours faithfully

Sd/-
(Anil Gairola)
Under Secretary to the Government of India
Email: [email protected]"

[emphasis supplied]

The highlighted portion of this communication be

treated as directions given by this Court to the

States/Union Territories in terms of this order.

The concerned States/Union Territories shall submit

compliance report through Secretary, Government of India,

Ministry of Education, Department of School Education and

Literacy before the next date.

List on 17.08.2022.

(DEEPAK SINGH) (VIDYA NEGI)

COURT MASTER (SH) ASSISTANT REGISTRAR