RAJNEESH KUMAR PANDEY Vs. UNION OF INDIA

JUDGEMENT

(1.) These petitions under Article 32 of the Constitution of India are filed in representative capacity, to espouse the cause of teachers having B.Ed. (Special) and D.Ed. (Special) degree/diploma courses and fully trained to cater to the requirements of Children/Child with Special Needs for short,("CwSN") also known as Divyang, including to impart them education and make them independent. The thrust of the grievance in the writ petition(s) is about the illegality being committed by the concerned State and its Authorities in employing them in recognised schools on contract basis without any certainty of tenure . According to the petitioners, there is a need to appoint 73,888 special teachers on regular basis to teach 3,69,443 CwSN in the State of Uttar Pradesh and equally large number in the State of Punjab so as to fulfil the required pupil­teacher ratio i.e., 5:1.

(2.) It is urged that despite knocking doors of the concerned Authorities repeatedly, no heed has been given to their demands and most of them have been appointed on contractual basis in different schools. This is despite the obligation of the State to ensure that pupil­teacher ratio is maintained in the recognized schools, by appointing adequate number of trained teachers on regular post. The principal reliefs prayed in Writ Petition (Civil) No.132 of 2016 are as follows:

(3.) This Court issued notice to the respondents on 8.3.2016 only in reference to prayer clauses (a) and (b) of Writ Petition (Civil) No.132 of 2016, reproduced above. As the matter proceeded further, on 14.7.2017, the Court noted thus: