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following forwarded mail may be benefitted to the list.


From: J L Kaul 
Sent: Thursday, June 20, 2013 11:48 AM
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Subject: RE: special educator case 

Relief for Hundreds of Visually Impaired Special Educators Looking for 
Employment: Important CCPD Judgment in a Case Filed by AICB
 
Dear Colleagues,
 
It is a well-known fact that the blind and the low vision children studying in 
inclusive schools are in most need of support from Special Educators trained to 
teach them. The irony is that though hundreds of visually impaired persons hold 
diplomas/degrees in special education and are competent to work as Special 
Educators, they are often denied employment because as per the 2007 
identification list of MSJE, the post of Special Educator is not identified for 
this disability category.
 
As AICB had received a number of complaints from the blind and the low vision 
persons in this respect, we filed a case in the Court of the CCPD contending 
that as per a notification of May 2001, a post with a different nomenclature 
but having similar functions to an identified post, is also considered to have 
been identified. Therefore, we argued that the post of the Special Educator, in 
effect, is identified for the visually impaired and, reservation and employment 
cannot be denied to them.
 
During the case hearing on Monday, 17th June, 2013, our Vice President, Dr. 
Anil Aneja, while strongly arguing this case in favour of the blind and the low 
vision, put forward many weighty grounds. In addition to the above contentions 
and among various arguments, he contended that the RCI is the statutory body to 
govern professional standards in the field of disability and the RCI conducts 
only disability specific courses in Special Education. The visually impaired, 
like other persons are registered as “Special Teachers to Teach the 
Handicapped” in category 5 of the CompositeRehabilitation Register of RCI. This 
is the only category of CRR in which the special educators are registered, and 
thus, certified and registered as qualified to be Special Educators, the 
visually impaired cannot be denied their right of employment and reservation on 
the post of Special Educator. Further, Dr. Aneja stated that there is no course 
in Special Education which is designed for educating a person to teach students 
belonging to all disability categories. Therefore, the assumption that a 
Special Educator can teach students with various disabilities, is erroneous, 
illegal and therefore wrong.
 
Upholding our contentions, the Chief Commissioner for Persons With 
Disabilities, Mr. P.K. Pincha passed a landmark order soon after the hearing in 
the Court itself. He held that as per the Principles enshrined in the said 2001 
notification, the post of Special Educator is deemed to be identified for the 
visually impaired, and therefore, he directed the Department of Education, 
Government of National Capital Territory of Delhi, to consider identifying this 
post for the visually impaired within a period of two months and report the 
action taken to the Office of the CCPD. Mr. Pincha further directed that even 
if a vacancy is not reserved for the visually impaired, they cannot be denied 
their right to compete in the open selection, a practice which was hitherto 
being followed by the Delhi Government and was a barrier for scores of blind 
and low vision persons.
 
While we express our indebtedness to the CCPD, we are sure that the entire 
visual impairment sector would join us in welcoming this judgment which will 
benefit hundreds of visually impaired persons and also the blind and low vision 
children studying in inclusive schools.
 
With Kind Regards


J. L. Kaul
Secretary General
All India Confederation of the Blind
Mob: 9810684208
website: www.aicb.in 
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