The Delhi High Court on Thursday sought response from the Centre and the Kendriya Vidyalaya Sangathan (KVS) on a plea alleging exclusion of persons who are deaf or hard of hearing from participating in the selection process for direct recruitment to various posts in KVS.
The Division Bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad issued notice in the instant petition and slated it for hearing on April 14, 2023.
The petition has been filed by Advocate Sanchita Ain on behalf of the National Association of the Deaf, a registered body which works in the area of empowering the deaf persons and promoting the rights and quality of life of deaf and hard of hearing individuals in the country. The plea challenged the notification issued by KVS on December 2, 2022, for direct recruitment to the post of Officers, Primary Teacher and other Teaching and Non-teaching Staff inasmuch as there is no allotment of posts for those with hearing impairment.
The petition alleged that the notification is violative of the Right to Persons with Disabilities (RPwD) Act, 2016, which requires all educational institutions to provide an inclusive education, as also to reserve 1% of the total number of vacancies in the cadre strength in each group of posts meant to be filled with persons with benchmark disabilities for hearing impaired persons.
It is pointed out that a representation was sent to KVS highlighting the issues of violation of RPwD Act in the impugned notification to which the petitioner was informed that persons belonging to hearing impairment are not recommended suitable for the post of primary teacher in line of a 2013 notification issued by the central government.
In this regard, contending that the notification denies persons with disabilities the right to full and effective participation in society equally with others, the petition sought modification of the notification to the extent that 1% seats are reserved for deaf and hard of hearing persons for the alleged posts. It further sought a direction to the centre to issue instructions to all education institutions receiving aid from the Government that the non-observance of the scheme of reservation for persons with disabilities, in general, and deaf and hard of hearing persons, in particular, should be considered as an act of non-obedience and the authorities responsible for the proper and strict implementation of reservation for person with disabilities be proceeded against for the default.