Delhi High Court Slams Kendriya Vidyalaya Sangathan Over Teacher Recruitment Exclusion

The Delhi High Court has strongly disapproved of the Kendriya Vidyalaya Sangathan (KVS) for excluding deaf and 'hard of hearing' individuals from recruitment reservations for teaching posts. A division bench consisting of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula criticized KVS for disregarding the law and a recent Central government notification while issuing a recruitment advertisement in December 2022.

Justice Sharma voiced his disappointment, stating, "I don’t understand why we are hostile towards these people. I never thought Kendriya Vidyalayas would be doing all this. I feel sorry for the Kendriya Vidyalaya Sangathan." He emphasized his connection to KVS as a product of their educational system, highlighting the issue's significance.

This critique came during the court's consideration of a petition filed by the National Association of the Deaf (NAD) against the advertisement, along with a suo motu public interest litigation on the matter. The court noted that recruitments had occurred following the advertisement and expressed its intention to instruct KVS to address the backlog concerning persons with disabilities.

The counsel representing KVS argued that a committee within the organization recommended against hiring certain categories of persons with disabilities. However, the court pointed out that KVS could not unilaterally exempt itself from adhering to disability quotas as mandated by the Ministry of Social Justice and Empowerment.

Furthermore, the court criticized KVS for following "some internal committee," which contradicted the provisions of the Rights of Persons with Disabilities (RPwD) Act, 2016, as well as the Central government's notification.

In response to a comment by Justice Sharma suggesting an alternative term for "blind" in advertisements, the petitioner's representative argued against labels like "differently abled" or "specially abled," emphasizing the preference for straightforward terminology. She explained that the deaf community identifies with the term "deaf" as it closely aligns with their experiences and communication methods. This includes sign language, which is their primary mode of communication.

The court's engagement with these issues reflects a commitment to addressing inclusivity and respecting the preferences of differently-abled individuals.

Author: Anushka Taraniya

News Writer, MIT ADT University