HARSHIDABEN VASUDEVBHAI NAYAK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This group of petitions filed under Article 311 read with Articles 14, 16 and 21 of the Constitution of India challenging the Circulars dated 28.1.2020 as well as 14.2.2020 issued by the respondent State on multiple contentions. All these petitions since basically arising out of a similar grievance, learned advocates appearing for respective sides have requested to decide these petitions conjointly. Hence, the Court has taken up the hearing and upon further request, Special Civil Application No.5655 of 2020 and 5066 of 2020 have been basically argued by learned advocates. Hence, the facts are taken from Special Civil Application No.5655 of 2020.

(2.) The petitioners are working as Special Teachers who are rendering their services at various schools at primary level assisting and teaching the differently abled students belonging to different categories, like visually challenged, physically challenged and mentally impaired category and are serving since about 2010 onwards. All these teachers have been specifically trained for assisting and teaching the students of a particular category since have obtained diploma from recognized institutions as well as their RCI certificate.

(3.) It is the case of the petitioners that the respondent Government initially launched a Scheme in the name of Integrated Education for Disabled Children (IEDC) which was in force till 31.3.2009. However, on account of some reasons, the Central Government thereafter discontinued the said scheme by taking a stand that the functions under IEDC were already covered by Sarva Siksha Abhiyan (SSA) and in place of IEDC, another scheme came to be launched by the Central Government in the name of Integrated Education for Disabled at Secondary Stage (IEDSS) covering the special children studying in Standards 9, 10, 11 and 12.