Supreme Court - Daily Orders
Rajneesh Kumar Pandey vs Union Of India on 2 May, 2022
Bench: A.M. Khanwilkar, Abhay S. Oka
1
ITEM NO.30 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)
IA No. 50471/2021 - APPLICATION FOR PERMISSION
IA No. 37238/2021 - APPLICATION FOR PERMISSION
IA No. 123252/2020 - APPLICATION FOR PERMISSION
IA No. 74824/2021 - APPLICATION FOR PERMISSION
IA No. 23736/2019 - APPROPRIATE ORDERS/DIRECTIONS
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. 21055/2018 - CLARIFICATION/DIRECTION
IA No. 97663/2018 - CLARIFICATION/DIRECTION
IA No. 115912/2018 - CLARIFICATION/DIRECTION
IA No. 173591/2019 - EXEMPTION FROM FILING O.T.
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. 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. 98109/2018 - INTERVENTION APPLICATION
IA No. 126356/2017 - INTERVENTION APPLICATION
IA No. 97652/2018 - INTERVENTION APPLICATION
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. 12758/2019 - INTERVENTION/IMPLEADMENT
IA No. 173590/2019 - INTERVENTION/IMPLEADMENT
IA
Signature Not Verified
No. 174217/2018 - INTERVENTION/IMPLEADMENT
IA
Digitally signed by
DEEPAK SINGH
Date: 2022.05.04
No. 146544/2019 - INTERVENTION/IMPLEADMENT
IA
18:28:46 IST
Reason: No. 97651/2018 - INTERVENTION/IMPLEADMENT
IA No. 30187/2018 - INTERVENTION/IMPLEADMENT
IA No. 129598/2018 - INTERVENTION/IMPLEADMENT
IA No. 146273/2019 - INTERVENTION/IMPLEADMENT
IA No. 16351/2020 - INTERVENTION/IMPLEADMENT
2
IA No. 74815/2021 - INTERVENTION/IMPLEADMENT
IA No. 146263/2019 - INTERVENTION/IMPLEADMENT
IA No. 74381/2021 - 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. 6/2017 - PERMISSION TO FILE ANNEXURES
IA No. 3/2017 - 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 : 02-05-2022 These matters were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE A.M. KHANWILKAR
HON'BLE MR. JUSTICE ABHAY S. OKA
For Petitioner(s)
Mr. Satyajeet Kumar, AOR
For Respondent(s)
Ms. Rashmi Nandakumar, AOR
Mr. Gurmeet Singh Makker, AOR
Ms. Uttara Babbar, AOR
Mr. Vinay Garg, AOR
Mr. Tanmaya Agarwal, AOR
Mr. Anuvrat Sharma, AOR
Mr. Krishnanand Pandeya, AOR
Mrs. B. Sunita Rao, AOR
Mr. Pashupathi Nath Razdan, AOR
Mr. Ravindra Sadanand Chingale, AOR
Ms. G. Indira, AOR
Mr. D. Mahesh Babu, AOR
Ms. Deepanwita Priyanka, AOR
Mr. Abhinav Mukerji, AOR
Mr. Rishi Malhotra, AOR
Mr. Manish Kumar, AOR
M/S. Plr Chambers And Co., AOR
Ms. K. Enatoli Sema, AOR
Mr. Abhimanyu Tewari, AOR
3
Mr. Shuvodeep Roy, AOR
Mr. Sibo Sankar Mishra, AOR
Mr. Ashok Panigrahi, AOR
Mr. Anand Shankar, AOR
Mr. Sameer Abhyankar, AOR
Mr. Aravindh S., AOR
Mr. Satish Pandey, AOR
Ms. Taruna Ardhendumauli Prasad, AOR
Mr. Piyush Dwivedi, AOR
UPON hearing the counsel the Court made the following
O R D E R
Mr. Rishi Malhotra, learned Amicus Curiae and Mr. Shoeb Alam, learned counsel appearing for the petitioner(s) have handed over a format in which the concerned State/authority is expected to file affidavit and status report. The contents of such compliance report must be in the following format:
LONG TERM COMPLIANCES OF JUDGMENT 28-10-2021 S.NO COMPLIANCE REQUIREMENT AS PER JUDGMENT COMPLIANCE (with corresponding paragraph no.) STATUS
1. Details of Norms and standards of the pupil teacher ratio prescribed by the Central Government for special schools. (pr.
57(A))
2. Details of norms prescribed by the Central Government for special teachers training CwSN in general schools. (pr. 57(A))
3. Status of creation of permanent posts of special teachers, commensurate to the ratio specified by the central Government.
4. Whether the process of appointment of special teachers on regular basis as per the prescribed ratio has been initiated and 4 completed? (pr. 57(C))
5. Whether the process of appointment of special teachers on regular basis will be completed within 6 months or before the start of the next academic session 2022-2023, whichever is earlier? (pr. 57(C))
6. Steps taken by training schools/ institutions to augment the number of rehabilitation professionals / special trained teachers? (pr. 57 (D))
7. Details of training being given to other teachers (non-special teachers) and staff in general school for being sensitized to handle CwSN in general schools. (pr. 57 (F))
8. Whether authorities have explored the possibility of merging unviable special schools with relatively viable special schools in the neighbourhoods for better delivery to the requirements of CwSN? (pr. 57 (G)) STOP GAP COMPLIANCE AS PER RESHMA PERVEEN’S ORDER S.No. COMPLIANCE REQURED AS PER ORDER Compliance Status
1. Whether minimum 2 posts of special education teachers (with appropriate mix of various specializations) per school have been created? (Reshma Perveen pr. 62 (i))
2. Details of appointments of RCI approved Special Teachers in following categories made in the given ratio? (Reshma Perveen pr. 62 (ii) & (iii)) a. 1: 5 autism spectrum disorder, b. 1:5 in intellectual disability, c. 1:5 in learning disability, d. 1:2 in deaf-blind, e. 1:8 in visual impairment, f. 1:8 in hearing impairment and g. 1:8 in cerebral palsy 5
3. Action initiated to create or convert the existing post of general teachers into the required number of special teachers at different levels. (Reshma Perveen pr. 62 (iv))
4. Whether recruitment Rules of special teachers specifies that they may be required to teach not only children with disabilities but also without disabilities? (Reshma Perveen pr. 62 (vii))
5. Whether the prescribed conditions of service of Special Teachers such as pay etc. is at part with the mainstream teachers? (Reshma Perveen pr. 62 (vii))
6. Whether states alongwith RCI have planned that all in service mainstream teachers have been mandatorily trained for a given duration, to equip them with the needs of chidlren with different disabilities?(Reshma Perveen Pr. 62(ix)
7. Whether NCERT includes a compulsorily module on teaching of children with disabilities in its inline digital platofrm SWAYAM for training of in-service teacher?
8. Whether NCTE has issued necessary notifcation about the eligibility of special teachers to teach children with and without disabilities at appropriate levels? (Reshma Perveen pr. 62 (vii))
9. Whether NCTE has incorporated in its curriculum of teacher training prorams mandatory papers on handling children with disabilities, basic sign language and brail? (Reshma Perveen pr. 62 (vii))
10. Details of services of special teacher being availed as itinerant teachers as per the SSS within the school block (cluster schools) to optimize the resource persons as a stop gap arrangement? (pr. 57(E)).
11. Number of CwSN in State
12. Number of Special Teachers in State
13. Norms and Standards regarding 8:1 Children with Cerebral 6 Pupil-Teacher Ratio Palsy 5:1 Children with Intellectual disability 2:1 Children with Deaf-Blind Children
14. Present Status of each State as per norms
15. Vacancies of Special Teachers as per norms
16. Steps taken/Appointments made by State to achieve Pupil-Teacher Ration All the States/authorities to file compliance report-
cum-affidavit in the above format within two weeks and give advance copy to the learned Amicus Curiae and Mr. Shoeb Alam, learned counsel, so that the Amicus Curiae can tabulate the relevant information for our consideration on the next date of hearing.
List these matters on 19.05.2022.
(DEEPAK SINGH) (VIDYA NEGI) COURT MASTER (SH) COURT MASTER (NSH)