No one here to teach disabled students – Delhi HC issues contempt notices to Delhi chief secretary, MCD chief

The Delhi High Court on 20.09.2010 issued notices to Chief Secretary Rakesh Mehta and Municipal Corporation of Delhi (MCD) Commissioner K S Mehra on a contempt petition filed by Social Jurist, A Civil Rights Group through Advocate Ashok Agarwal complaining that Delhi Govt and MCD were required to recruit 6000 special teachers for their 3000 schools for education of disabled students which they have failed to do.

The petition states that the government and the corporation had failed to comply with a court order directing them to appoint at least two teachers for disabled students in each of their schools and to provide necessary teaching aids and reading material to the disabled students within six months. Justice G.S. Sistani asked Mehta and Mehra to file a compliance report within four weeks, failing which; they would have to appear in court.

The PIL was filed in 2009 seeking directions to provide trained teachers, including those qualified in sign language and Braille, for students with disabilities like blindness, hearing impairment and mental retardation. It also sought a barrier free environment in schools for students with disabilities, special toilets, books, including reading and writing material in Braille, and other equipments needed for the education for the blind students.

According to the PIL, thousand of students with disabilities and particularly those suffering from blindness, hearing impairment and mental retardation were studying in the 1,000 Delhi government and 1,800 MCD schools, without specially trained teachers. ‘In the absence of special educators, the children with disabilities who are already in the schools are dropping out and other children with disabilities do not dare to go to school,’ said Ashok Agarwal, counsel in the case.

The next date of hearing is Nov 10, 2010.

Ashok Agarwal, Advocate
M-09811101923
21.09.2010

Delhi Govt. & MCD fail to appoint special teachers - SJ serves contempt notices on Chief Sect. Mr. Rakesh Mehta & Mpl. Comm. Mr. K S Mehra

SOCIAL JURIST

A Civil Rights Group

To, 09.09.2010

1. Shri Rakesh Mehta,

Chief Secretary,

Govt. of N.C.T of Delhi,

Delhi Secretariat, I.P. Estate,

New Delhi

2. Shri K.S. Mehra,

Commissioner,

Municipal Corporation of Delhi

Town Hall, Chandni Chowk,

Delhi-110006

Subject: - Contempt Notice- Delhi Govt. & MCD fail to appoint special teachers in schools in compliance of Delhi High Court order dated 16.09.2009

Dear Sir,

Take notice that a Division Bench of Hon’ble Delhi High Court has passed orders dated 16.09.2009 in W.P.( C ) No. 6771 of 2008 (PIL) entitled Social Jurist, A Civil Rights Group vs. Govt. of N.C.T of Delhi & Anr. directing you to ensure that each school should have at least 2 special teachers and further that necessary teaching aids and reading material are provided within 6 months. The relevant para 6 of the said judgment is reproduced as under:-

“6. Keeping in view the aforesaid affidavits, we are of the opinion that respondent nos. 1, 2, 5 and 6 should try to achieve teacher pupil ratio of 1:5 at the secondary level and 1:2 at the primary level. We further direct respondent nos. 1, 2, 5 and 6 to grant equivalence to B.Ed. (SE) with B.Ed. (General) and to D.Ed. (S.E) with D.Ed./TTC for the purpose of appointment of special teachers in all schools in the State as well as schools run by local bodies namely NDMC, MCD and Cantonment Board. Needless to say that the service conditions of the special teachers shall be same as that of the regular teachers holding the qualification of general teachers. We also request the respondent nos. 1,2,5 and 6 to consider granting preference and priority to candidates holding B.Ed. (SE) and D.Ed. (SE) degrees in appointment of teachers in all their schools. The school authorities shall ensure that each school shall at least two special teachers and further that necessary teaching aids and reading material are provided. This shall be done in within six months.”

A copy of the said order dated 16.09.2009 is enclosed hereto for your ready reference.

Take notice that a period of 6 months as stipulated in the aforesaid order dated 16.09.2009 has since expired and till date you have not taken any step to implement the aforementioned directions having being given by the Hon’ble Delhi High Court.

Take notice that you have deliberately and intentionally disobeyed the aforementioned directions of the Hon’ble High Court which amounts to contempt of Hon’ble High Court and attracts penal action against you.

With regards

Ashok Agarwal, Advocate

Advisor, Social Jurist

M-9811101923