JUDGMENT Rajiv Sharma, J. 1. According to the report of WHO of 2012, 15 millions visually impaired persons live in India out of 35 millions in the world. It is a staggering figure. Moreover, it is a wake up call for all of us to come together to take steps to recognize their basic human rights to live with dignity. It is their fundamental right and basic human right to be housed, protected and provided with all the basic amenities, i.e., food, clothing, special health care, provision for compulsory and free education and avenues for employment. 2. The Court has taken cognizance of the letter, dated 29.07.2011, whereby the difficulties faced by three blind and deaf students in the educational institutions either run by the State of Himachal Pradesh or by the H.P. Council of Child Welfare, have been highlighted. In the letter, it is also emphasized that the provisions of Persons with Disabilities Act, 1995 are not being followed scrupulously. 3. The respondents-State has filed a detailed reply. According to the averments made in the reply, there are nine institutions for children with special abilities, visually impaired, hearing impaired, orthopedically impaired and mentally retarded children. The stand of the respondents-State in the affidavit, dated 8th September, 2011, was that the Government is providing free education to disabled children having 40% disability or more from the academic session 2001-02 at all levels of education right from their enrolment in the school till passing out from University, including technical & professional courses in all Government Institutions for persons with disabilities. The Education Department has identified four locations in the State where proper hostel facilities in running condition exists and where the physically challenged children for 10+1 and 10+2 will get education with other students and will also be given specialized education through special educators. 4. The petitioner has filed a detailed rejoinder to the reply filed by the respondent-State. It is specifically mentioned in paragraph No. 4 of the rejoinder that the respondents have failed to fulfill the special requirements of the blind students. The necessary facilities like books in Braille, audio books in digital format (DAISY), special DAISY players for audio books in digital format, Braille papers and special slates for writing in Braille have not been provided. It is also stated that there are 80 deaf and 20 blind girls studying in the school at Sundernagar. The necessary facilities like books in Braille, audio books in digital format (DAISY), special DAISY players for audio books in digital format, Braille papers and special slates for writing in Braille have not been provided. It is also stated that there are 80 deaf and 20 blind girls studying in the school at Sundernagar. There is no subject teacher appointed for blind students. There are only two permanent teachers in the school for blind girls, one is Braille teacher and the other is Craft teacher. These teachers are not eligible to teach any subjects like English, Hindi, Social Studies, Mathematics, Science, Music and Arts etc. It is also stated that only one permanent teacher is appointed for deaf students that is speech impairment teacher. There is one JBT, one TGT and one Special Educator on contract basis for imparting teaching to the deaf students. These teachers teach 80 students from class 1st to 10th standard daily which is not possible. There is no teacher to teach the subject of Science and Art to the deaf students. Apart from this, one Vocational Instructor, one Craft teacher and two speech therapists are also there, who are not eligible to teach main subjects. The Special School at Sundernager lacks basic facilities for blind and deaf students like tables and chairs for them in their rooms to study before and after school time and holidays, a library with children’s magazines, news papers, magazines in Braille and magazines in Audio format for blind students. Similarly, in Special School for deaf and blind boys at Dhalli, 87 deaf and 30 blind children students studying from Class 1st to 10th standard. There was no qualified principal in the School. There was no science laboratory for deaf and blind students in the School. There was no science teacher to teach blind and deaf students. There was no Art teacher for deaf students and also no Music teacher for blind students has been appointed. There was no digital library for blind students, no Baraille magazines are subscribed and no newspapers or magazines are made available to deaf students. There was only one TGT, one JBT and one Braille teacher for blind’s section. They have to teach all subjects to the students varying from class 1st to 10th standard. There was no digital library for blind students, no Baraille magazines are subscribed and no newspapers or magazines are made available to deaf students. There was only one TGT, one JBT and one Braille teacher for blind’s section. They have to teach all subjects to the students varying from class 1st to 10th standard. There is no modern vocational course in the centre and only out dated courses like candle and chalk making are being run. 5. A counter affidavit was filed by the Chief Secretary. According to the averments made in the counter affidavit, the H.P. Board of School Education has provided helpers to 60 students. The matter with regard to fee waiver was under process by the H.P.U. for carrying out necessary amendments in the ordinances and prospectus. The efforts were being made to provide the requisite facilities before 30th October, 2012, positively. A Special Educator for the benefit of such students in GSSS, Portmore, Shimla was appointed. An estimate was submitted by the HPPWD for a sum of Rs. 5,63,69,500/- against which the Government Department has also released an amount of Rs. 4,12,48,000/- on 08.04.2011 and 07.04.2012 for construction of hostel at Sundernagar. The details of teachers at Sundernagar have also been given in the affidavit. There is also a reference to the advertisement for filling up the posts. The details of the teachers appointed at Dhalli have been given in paragraph No. 9 of the affidavit. 6. The latest affidavit was also filed by the Deputy Secretary, Social Justice & Empowerment, Government of Himachal Pradesh, whereby it has been specifically mentioned that the scholarship has been provided for the physically challenged students and separate scholarship has been provided to hostellers after completion of all the codal formalities as per the details given in paragraph No. 4 of the affidavit. 7. The advance society is the one which is sensitive towards the children with special needs. It is our fundamental duty to show them path and to preserve their dignity and respect. All out efforts should be made to assimilate them in the main stream and there should not be feeling amongst the disabled children that they are left alone on lonely island. 8. It is our fundamental duty to show them path and to preserve their dignity and respect. All out efforts should be made to assimilate them in the main stream and there should not be feeling amongst the disabled children that they are left alone on lonely island. 8. What emerges from the facts enumerated hereinabove, is that still there are shortcomings towards the implementation of The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 by the respondents-State for care of the children with special need. 9. Their Lordships of the Hon’ble Supreme Court in Government of India through Secretary and another vs. Ravi Prakash Gupta and another, (2010) 7 SCC 626 have held that the object of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 is to (i) integrate persons with disabilities into social mainstream, (ii) lay down a strategy for comprehensive development and programmes and services and equalization of opportunities for persons with disabilities, and for their education, training, employment and rehabilitation amongst other responsibilities, (iii) give effect to proclamation on full participation and equality of people with disabilities in Asian and Pacific regions. Their Lordships have held as under: “22. We have examined the matter with great care having regard to the nature of the issues involved in relation to the intention of the legislature to provide for integration or persons with disabilitiets into the social mainstream and to lay down a strategy for comprehensive development and programmes and services and equalization of opportunities for persons with disabilities and for their education, training, employment and rehabilitation amongst other responsibilities. We have considered the matter from the said angle to ensure that the object of the Disabilities Act, 1995, which is to give effect to the proclamation on the full participation and equality of the people with disabilities in the Asian and Pacific regions, is fulfilled.” 10. The Himachal Pradesh University, the H.P. Board of School Education, Dr. Y.S. Parmar University for Horticulture and Forestry, CSK, H.P. Krishi Vishvavidyalaya, Palampur, District Kangra, the Himachal Pradesh Public Service Commission and Service Selection Board have failed to provide amanuensis to the blind and low vision students as per Section 31 of The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. Y.S. Parmar University for Horticulture and Forestry, CSK, H.P. Krishi Vishvavidyalaya, Palampur, District Kangra, the Himachal Pradesh Public Service Commission and Service Selection Board have failed to provide amanuensis to the blind and low vision students as per Section 31 of The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. There is no material placed on record that the Himachal Pradesh University has carried out the amendments in the ordinance and prospectus for providing fee waiver to the persons with disability. Accordingly, the Himachal Pradesh University, Dr. Y.S. Parmar University of Horticulture and Forestry, H.P. Krishi Vishvavidyalaya, Palampur, District Kangra, the H.P. Board of School Education, Himachal Pradesh Public Service Commission and Himachal Pradesh Subordinate Services Selection Board, Hamirpur, H.P. are directed to ensure that amanuensis are provided to all the students with special needs/candidates appearing in respective examinations as per Section 31 of The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. The aforesaid three Universities are directed to carry out necessary amendments in the respective ordinances and prospectus for providing free education to the children with special needs and the Himachal Pradesh Public Service Commission & the Himachal Pradesh Subordinate Services Selection Board, Hamirpur are also directed to amend their regulations accordingly within a period of six weeks from today. 11. Under Article 21-A of the Constitution of India, the State is required to provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine. The children with special needs falls in separate class altogether. It is the duty of the State to provide free and compulsory education to the children with special needs up to University level and all the professional courses in all the educational institutions under Articles 21/21-A of the Constitution of India. It is also the duty of the State to provide financial support to these children by increasing their scholarships, stipends from time to time taking into consideration the price rise/inflation under Article 41 of the Constitution of India. 12. We have gone through the affidavits and the suggestions made by the learned Amicus Curiae. There is dearth of professional teachers in two Schools. The functional posts are required to be filled up. 12. We have gone through the affidavits and the suggestions made by the learned Amicus Curiae. There is dearth of professional teachers in two Schools. The functional posts are required to be filled up. Ordinarily the Court cannot issue directions for sanctioning and creation of posts, but extraordinary situations require extraordinary measures. 13. The respondents-State has also failed to provide the children in Special School at Sundernager and at Dhalli the basic facilities required for blind and deaf students like tables and chairs for them in their rooms to study before and after school time and holidays, a library with children’s magazines, news papers, magazines in Braille and magazines in Audio format for blind students as per Section 27 (e) and (f) of The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. Consequently, there shall be direction to the State of Himachal Pradesh to provide the abovementioned facilities in these institutions, if not already provided within a period of three months. 14. According to the norms prescribed by the Union of India, the following posts are required for blind School: Principal, Special Educator, Trained Graduate Teacher, Assistant Teacher, Braille Teacher, Mobility Teacher, Therapist, Medical Doctor (Part Time), Warden, Cook & Helper, Accountant, Sweeper-cum-Chowkidar and Aya (one for every fifteen children). 15. We are of the considered view that there must be teachers to teach the subjects of Science, Craft and Speech Impairment Therapy to the visually impaired and deaf children and atleast two TGT (Arts) and TGT (Science) teachers to teach blind and deaf students. Besides, Mobile Instructors at Sundernagar and Dhalli, two more posts of JBT hearing impairment and TGT hearing impairment, one post of Braille teacher, JBT (Visually Impaired), TGT (Visually Impaired), Arts and TGT (Visually Impaired), Science are required to be created immediately. These posts should be filled up on regular basis. Accordingly, we direct the respondents to create abovementioned posts within a period of three months and to complete the selection process within a period of six months from today. 16. The respondent-State is also directed to construct the buildings as per the details given in paragraph No. 6 of the affidavit, dated 28th September, 2012 sworn by the Chief Secretary, Government of Himachal Pradesh, within a period of one year, if not already constructed. 17. Ms. 16. The respondent-State is also directed to construct the buildings as per the details given in paragraph No. 6 of the affidavit, dated 28th September, 2012 sworn by the Chief Secretary, Government of Himachal Pradesh, within a period of one year, if not already constructed. 17. Ms. Rita Goswami, learned Amicus Curiae has also stated that the facilities which have been provided to the children with special needs having more than 40% disability at all levels of education from the time of enrolment in the Government Schools till the passing out from the University, including technical & professional courses in all Government institutions be also extended to the Himachal Pradesh University, Dr. Y.S. Parmar University for Horticulture and Forestry, Solan and CSK, Himachal Pradesh University at Palampur Indira Gandhi Medical College, Shimla and Dr. R.P.G.M.C. at Tanda from the current session. 18. There is merit in her contention. The children with special needs having more than 40% disability studying in these institutions are also entitled to free education as per the policy norms adopted by the State Government. Accordingly, we direct the Himachal Pradesh University, Dr. Y.S. Parmar University for Horticulture and Forestry and Chaudhary Sarwan Kumar, Himachal Pradesh Krishi Vishwa Vidayala through their respective Registrars to provide free education to these children for all the courses run by them. 19. The amount of scholarships paid to the visually impaired deaf and dumb students from class 1st to 5th be increased from Rs. 350/- to Rs. 500/-, from class 6th to 8th be increased from Rs. 400/- to Rs. 600/-, from class 9th to 10th be increased from Rs. 450/- to Rs. 750/-, for Senior Secondary be increased from Rs. 500/- to Rs. 1000/-, for BA/BSc./B.Com etc. be increased from Rs. 550/- to Rs. 1500/-, for BE/B.Tech/MBBS/ LL.B./B.Ed. & other be increased from Rs. 650/- to Rs. 1750/- and for hostellers, the same be increased proportionately to Rs. 1500/-, Rs. 2000/- and Rs. 3000/-, respectively in view of the inflation. 20. The respondents in addition to the facilities to be provided, as directed hereinabove, are also directed to provide additional assistive technology to the visually impaired children to hone their skills to be self dependent. 1750/- and for hostellers, the same be increased proportionately to Rs. 1500/-, Rs. 2000/- and Rs. 3000/-, respectively in view of the inflation. 20. The respondents in addition to the facilities to be provided, as directed hereinabove, are also directed to provide additional assistive technology to the visually impaired children to hone their skills to be self dependent. The respondent-State is also directed to provide three of the following facilities, i.e., screen readers, screen magnifiers, speech recognition software, Text-to-speech (TTS) software, optical character recognition (OCR) software, large monitors, hand held magnifiers and standalone reading machines. 21. The respondent-State is also suggested to enact law for providing free and compulsory education to the children with special needs up to University level and professional courses in all the educational institutions including Universities within a period of six months from today. 22. Accordingly, the present petition is disposed of in view of the directions issued hereinabove. The Umang Foundation is awarded costs of rupees one lac. The same shall be used exclusively for the welfare of the children with special needs.