---------- Forwarded message ----------
From: J L Kaul <[email protected]>
Date: Thu, 20 Jun 2013 14:19:42 +0800 (SGT)
Subject: 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


-- 
BE HAPPY AND MAKE OTHERS HAPPY
M.Muthu Selvi
Officer, Allahabad Bank and Secretary,  All India Confederation of the blind.
Email: [email protected]
Skype: muthump2007



-- 
With Regards,
M Muthu Selvi,
Officer, Allahabad bank and Secretary, All India Confederation of the Blind.

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