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Supreme Court of India 2021-10-28 partly_allowed

RAJNEESH KUMAR PANDEY & ORS vs UNION OF INDIA & ORS

Bench: 3 — A.M. Khanwilkar, Dinesh Maheshwari, C.T. Ravikumar

In Brief

This landmark judgment addresses the rights of children with special needs (CwSN) to free, inclusive and quality education. The Court held that schools must maintain appropriate pupil-teacher ratios: 8:1 for cerebral palsy, 5:1 for intellectual disability and autism, and 2:1 for deaf-blind. All special teachers must be qualified and registered with the Rehabilitation Council of India. The Court directed the Central Government to amend the RTE Act, 2009 Schedule, and mandated State Commissioners to ensure compliance through suo motu inquiries. The judgment reconciles the RTE Act, 2009 with disability rights legislation, establishing that special schemes for CwSN must prevail over general education norms. Interim measures including itinerant teacher deployment and mandatory general teacher training were permitted pending permanent position creation.</summary_100>

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Education Children with Disabilities Special Education Pupil-Teacher Ratio Inclusive Education Constitutional Rights Rehabilitation and Training

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