Delhi HC issues notice to Centre, KVS on plea against ads excluding deaf persons from applying for teachers’ posts

Ain argued that deaf and hard of hearing persons have been denied their right to participate in the selection process for posts at KV schools. The counsel appearing for KVS submitted that hearing impaired teachers may face difficulty in instances of one-on-one interaction with the students. The HC listed the matter for hearing on April 14.

The plea claimed that advertisements issued by KVS on December 2, 2022, for direct recruitment for posts of Principal, Vice-Principal, Post- Graduate Teachers (PGT), Trained Graduate Teachers (TGT) and Primary Teachers are violative of Articles 14, 16 and 21 of the Constitution and the provisions of the Rights of Persons with Disabilities Act, 2016 (RPWD) as they exclude deaf and hard of hearing persons from participating in the selection process.

On December 7, 2022, the petitioner sent a representation to KVS pointing out the issues. The plea stated that in its reply on December 26, the KVS stated that it had constituted a committee in this regard, and after taking note of a July 2013 notification of the Ministry of Social Justice & Empowerment, it found that persons belonging to HH (hard of hearing) category were not suitable for the post of Primary Teacher.

The plea claimed that KVS failed to take note of a January 4, 2021 notification of the Ministry issued under the RPWD Act which stated that posts of PGT and TGT for subjects stated under the notification should be reserved for deaf and hard of hearing persons as well.

The plea claimed that the right to freedom of profession is a fundamental right guaranteed under Article 19(1)(g) of the Constitution, which is an inseparable part of human dignity, hence, the advertisements having excluded deaf and hard of hearing teachers violated their right to life. The plea claimed that the advertisements violate Article 14 of the Constitution as it arbitrarily excludes deaf people and denies reservation to them. “Thus, while 97 and 96 posts are reserved for the Orthopedically Handicapped and Visually Handicapped candidates respectively out of 6,414 vacancies, the same has not been done for the deaf and hard of hearing persons,” the plea stated.

The plea also stated that the advertisements violate the mandate of inclusive education and the rights of students and teachers with disabilities to get and impart education in an inclusive environment under the RPWD Act. Apart from seeking quashing of the advertisements, the plea sought a direction declaring them as unconstitutional. The plea further sought a direction to KVS to modify the advertisements to reserve 1 per cent seats for deaf persons for the said posts.