The plea was filed challenging an advertisement issued by the KVS for direct recruitment for the posts of principal, vice-principal, post-graduate teachers (PGT), trained graduate teachers (TGT) and primary teachers.
It was argued that the advertisement excluded the deaf and hard of hearing people from participating in the process.
Advocate Sanchita Ain, appearing for the petitioner, argued that the advertisement under challenge is unconstitutional and violates Articles 14, 16 and 21 of the Constitution along with several provisions of the Rights of Persons with Disabilities (RPwD) Act, 2016.
Section 34 of the RPwD Act provides provides for 1% reservation for the hearing impaired people in the total number of vacancies in the cadre strength in each group of posts meant to be filled with persons with benchmark disabilities.
“Respondent No 3 (KVS) has not just denied reservation to deaf and hard of hearing persons for the posts of Principal, Vice-Principal, PostGraduate Teachers (PGT), Trained Graduate Teachers (TGT) and Primary Teachers, it has also excluded them and denied them the right to participate in the selection process for the abovementioned posts,” the plea said.
It added,
“In fact, the reply sent by Respondent No. 3 reflects a classic case of ableism that has denied persons with disabilities the right to full and effective participation in society equally with others. The fact that the same is being done in educational institutions for the recruitment of teachers is a matter of grave concern as it has the potential to influence the generations to come.”
Source: Barandbench
