students: HCMumbai, Dec 9 (PTI) The Bombay High Court has directedthe Maharashtra government to ensure that schools whichreceive funds from it have special teachers and attendants forthe assistance of disabled students and staff as stipulated bystatutory rules.
It also observed that the state government is"obligatedto provide meaningful opportunities" of education andemployment to persons with disabilities.
A bench of justices S C Dharmadhikari and BharatiDangre yesterday directed the state to ensure that all specialteachers and attendants approved by the state for theassistance of disabled persons were provided jobs.
The bench was hearing a petition filed by one suchattendant who had been appointed by the state authorities in2009 as a permanent employee in a special school for disabledstudents in Solapur district.
However, in January 2016, the government closed downthe school without giving any notice or granting a hearing tothe petitioner and other employees of the institute.
The government also refused to grant an alternativeemployment to the petitioner even though statutory rulesmandate that any surplus teachers and attendants meant forspecial schools must be absorbed in other schools or units ifthe place of their work closes down for a valid reason.
The petitioner then moved the HC. He argued that notonlywas the state obligated to provide him an alternate job, butthat it could not close down special schools without anyreason since it received budgetary funds from the Centre forsuch institutes and the welfare of disabled students as wellas for disabled persons working as teachers or school staff.
The bench, too, noted that a previous judgement of theAurangabad bench of the HC mandated the state governmentemploy a certain number of special teachers for disabledstudents and also attendants for the assistance of disabledstudents and staff.
"We are disturbed at the stand taken by the state andits attempts to circumvent the order of the Aurangabad bench.
If the disabled persons are granted an opportunity atreceiving education or employment, such opportunity must bemeaningful," the judges said.
"Disabled persons require assistance. They are to berendered such assistance by appointment of special teachersand attendants. Sometimes, these handicapped students oremployees have to be carried physically to the schoolpremises.
"We are surprised the provisions to provide them withmeaningful opportunities are being made redundant bycancelling the recognition of handicapped units or schools, orby putting an end to the employment of parties like thepresent petitioner," the bench observed.
The bench noted that following the Aurangabad bench'sjudgement, the state had formed a policy to appoint 1,185special teachers and 72 attendants for all such schoolsacross Maharashtra.
The Maharashtra government argued that sometimes, duetotemporary or permanent closure of some special schools orunits, there existed some surplus teachers and attendants.
These surplus staff, the state argued, "could not beprovided alternative jobs immediately since they can beemployed only in special schools or units else we will loseout on the funds from the Union government".
The bench, however, dismissed the state' argument,saying irrespective of the Union government's funds, the statewas obligated to provide employment to such surplus staff.
"The above argument by the state is patentlyunsustainable. Even if there are surplus employees, the stateis obligated to provide them employment opportunities andreinstate them in nearby primary or secondary schools."The bench directed that the petitioner be immediatelyre-instated in some other school in Solapur. PTI AYA RSYRTRDS.
This is unedited, unformatted feed from the Press Trust of India wire.