Delhi High Court Raps Kendriya Vidyalaya Sangathan for Violating Rights of Deaf and Hard of Hearing Persons under RPwD Act

Delhi High Court Raps Kendriya Vidyalaya Sangathan for Violating Rights of Deaf and Hard of Hearing Persons under RPwD ActIn a scathing judgment, the Delhi High Court has rebuked the Kendriya Vidyalaya Sangathan (KVS) for its failure to uphold the rights of Persons with Disabilities (PwDs), especially those who are deaf and hard of hearing. The court observed that KVS violated statutory provisions under the Rights of Persons with Disabilities Act, 2016 (RPwD Act) while issuing job advertisements.

Key points:

Ignoring Statutory Provisions: The court pointed out that KVS had ignored Sections 2(f), 17, and 34 of the RPwD Act, which mandate a 4% reservation for PwDs, including 1% reserved specifically for deaf and hard of hearing persons.

Outdated Notification: KVS relied on an outdated notification from 2013 for reservation calculations, neglecting the operative notification from 2021. As a result, certain posts did not provide the required reservation for deaf and hard of hearing persons.

Recruitment Process Concerns: While the court expressed concerns about the discontinuation of services for selected candidates if the advertisements were quashed, it directed KVS to provide 1% reservation for deaf and hard of hearing persons against total vacancies and initiate a special recruitment drive to fill the reserved vacancies.

Emphasis on Reasonable Accommodation: The judgment emphasized the legislative vision of providing reasonable accommodation to PwDs and criticized KVS for viewing them from a lens of inconvenience rather than facilitating their rights under the RPwD Act.

Reference to Judicial Precedent: The court referred to a recent judgment directing KVS to provide 1% reservation to blind and low vision persons, issuing a similar directive in the present case to clear the backlog of vacancies for deaf and hard of hearing persons within a stipulated timeframe.

Appointment Directive: Specific posts like Principal, Vice-Principal, Post Graduate Teacher (PGT), etc., were identified in the notification from 2021 for reservation. The court directed KVS to appoint deaf and hard of hearing persons on these identified posts in accordance with the statutory provisions of the RPwD Act.

This judgment serves as a stern reminder to government organizations to uphold the rights of PwDs and ensure compliance with the RPwD Act. It also reflects the judiciary’s commitment to promoting inclusivity and equal opportunities for all citizens.

This landmark judgment underscores the importance of adherence to disability rights legislation and calls for immediate corrective action by KVS to rectify its violations.

Date of Decision: 01 November 2023

COURT ON ITS OWN MOTIO VS KENDRIYA VIDYALAYA SANGATHAN

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