J U D G M E N T

SATISH CHANDRA SHARMA, C.J.

1. Once again, we have before us some of our fellow citizens who have been trying to secure equal and dignified treatment in the eyes of the State and on the other side, a department oblivious to its constitutional duties despite a clear expression by the legislature and clearer expression by various constitutional Courts, including the Hon’ble Supreme Court of India. 2. The present petition being W.P.(C.) No. 17460/2022 has been registered as a Public Interest Litigation (PIL) based upon a letter dated 07.12.2022 of the National Association of Deaf (NAD/ the Association) through its President Mr. A.S. Narayanan being aggrieved by Advertisements No.15/2022 & 16/2022 issued by Kendriya Vidyalaya Sangathan (KVS) inviting applications for various posts of Principal, Vice- Principal, Post-Graduate Teacher (PGT), Trained Graduate Teacher (TGT), Librarian, Primary Teacher (Music), Finance Officer, as well as other posts.

3. The NAD in its letter dated 07.12.2022 has stated that the advertisements issued by KVS are violative of statutory provisions as contained under the Rights of Persons with Disabilities Act, 2016 (the RPwD Act).

4. The letter further states that Section 17 of the RPWD Act mandates for employing teachers, including teachers with disabilities; and Section 34 W.P.(C.) Nos. 17460/2022 & 665/2023 Page 2 of 19 Signature Not Verified Digitally Signed By:BHUPINDER SINGH mandates 4% reservation for Persons with Disabilities (PwD), out of which 1% posts are reserved for deaf and hard of hearing persons. Section 2(f) recognizes sign language under the definition of “communication” and Section 16 requires barrier free involvement and provision of reasonable accommodation in educational institutions. The contention of the Association is that the KVS has ignored the statutory provisions as contained under the RPwD Act.

5. This Court appointed Mr. Dayanan Krishnan, Senior Advocate as Amicus Curiae to assist this Court in the matter. Earlier, Ms. Saudamini Pethe – who was a Deaf Lawyer, was appearing in the matter. She has appeared on 17.04.2023; unfortunately, she is no more; and therefore, today the Association is represented by Ms. Sarah Sunny, Advocate who is again a Deaf Lawyer, along with the Sign Language Interpretor as well as Ms.

Sanchita Ain, Advocate for the Association.

6. In the other connected matter, i.e. W.P.(C.) No. 665/2023 titled National Association of the Deaf vs. Union of India & Ors., the Association through a PIL has challenged the same Advertisements No.15/2022 & 16/2022, and therefore, both these matters are being decided by a common order.

7. The undisputed facts of the case reveal that the KVS has issued advertisement dated 02.12.2022 for direct recruitment of Officers, Teaching and Non-Teaching Staff in the KVS vide Advertisement No.15/2022 and for direct recruitment of Primary Teachers in KVS vide Advertisement No.16/2022 in the newspaper as well as on the official website.

8. The Advertisement No.15/2022 is reproduced as under:

W.P.(C.) Nos. 17460/2022 & 665/2023 Page 3 of 19 Signature Not Verified Digitally Signed By:BHUPINDER SINGH W.P.(C.) Nos. 17460/2022 & 665/2023 Page 4 of 19 Signature Not Verified Digitally Signed

9. The Advertisement No.16/2022 is reproduced as under:

10. The statutory provisions governing the field – as contained under Section 2(f), 17, 34 of the RPwD Act, read as under:

W.P.(C.) Nos. 17460/2022 & 665/2023 Page 5 of 19 Signature Not Verified Digitally Signed By:BHUPINDER SINGH “2.(f) “communication” includes means and formats of communication, languages, display of text, Braille, tactile communication, signs, large print, accessible multimedia, written, audio, video, visual displays, sign language, plain- language, human-reader, augmentative and alternative modes and accessible information and communication technology;

x x x x x x x x x

17. Specific measures to promote and facilitate inclusive education.—The appropriate Government and the local