The High Court · 2025

50. Enugurthi Jyothi, D/o. E Sudhakar. Aged 52 Yrs, Occ. IERP. R/o. H.No. 28-820, Beside Govt, Jr College Vrdya Nagar, tViryalaguda, Nalgonda 51.S. Srikar, S/o S Bheemaiah, Aged 38 Yrs, Occ IERP, R/o H. No 1-71 , 52. Bollam Dlrgaprasad, S/o. B. Bhoomaiah, Aged 41 Yrs, Occ IERP, R/o 53. N/. Padma, D/o. M. Ramakislaiah Aged 45 Yrs, Occ IERP, R/o. H No. '13- 6-250131119, Vishweshwar Nagar, Karwan, Hyderabad 54. P. Neelima, D/o. P Ramesh, Aged 40 Yrs, Occ IERP, R/o H.No. 1'l- 19511t202. Second Floor, Devinandanam Residency, Warasiguda, Secunderabad. 55. Pidugu Vijaya Laxmi, D/o. Pidugu Ramulu, Aged 40 Yrs, Occ IERP, R/o. H.tto. t -g-S+t, Near Ram Nagar Gundu, Adrkmet, Musheerabad, Hyderabad. 56. T6irunagari Vakula, D/o. T. Dtvadenam, Aged. 34 Yrs, Occ IERP, R/o H.No 1-'14l88/'l , Near Anusree Hospital, Srinivasa Nagar Colony, Medchal' Hyderabad. 57. P. Ralani, D/o. P. Dathadri, Aged 39 Yrs, Occ IERP, R/o H.No 9-128' BD Colony, Gajwel, Siddipet Dtstrict

58. P. Pranith-a, D/o P. Prabhakar Reddy, Aged 45 Yrs, Occ. IERP, R/o H No 'saraswithi,

62. Donthagani H.No i-3-685/5/5/1, Plot No. 207, Sheela Line, Amberpet, Hyderabad. 607, 'lst Floor, Ashok Bazar, Hyderabad. 3-9-471N4, Sharadha Nagar, Ramanthapur. Hyderabad. 59. S. Nagamani, D/o. S. tvlohan Rao, Aged 42 Yrs, Occ IERP, R/o. Plot No. 400, -Shivamma Papi Reddy Hills, Ashayya Nagar, VTC, Kairthabad, Hyderabad. 60. S. Praveena, D/o. S. Bhagawan Das, Aged. 44 Yrs, Occ IERP, R/o Flat No.8242, Janapriya MetroPolis, tvlothi Nagar, Erragadda, ltyd_erqpgd .... 61. M. Sudeshn a, Dio. M. Ramcharam, Aged 54 Yrs, Occ. IERP, R/o H No '37-7413a-30, JJ Nagar Colony, Sainikurr, Neredmet, Hyderabad. D/o. D Ramulu, Aged. 37 Yis, occ IERP - R/o -Apartments, Amberpet Police 63.P. Malathi, D/o. P.-Narasimha, Aged 48 Yrs, Occ IERP, R/o H.No 15-5- - Beside Yellanna Temple, Gowliguda, 64.T. Jyothi, D/o. T. Mallesh, Aged. 45 Yrs, Occ IERP, R/o H.No 4-189, 65- S. Sneha Latha, S/o- S. Sriniv-asa Rao, Aged. 51 Yrs, Occ IERP, R/o Damodhar Chary, Aged 43 Yrs, Occ. IERP, R/o. 66. B. Jaya Shree, D/o. 6T. Cherukuri Kanakaraju, S/o. Cherukuri Rajaiah, Aged. 33 Yrs, Occ IERP, 6S.Teegala Ravinder,' S/o. T. Sriramulu, Aged. 49 Yrs, Occ. H.No 1-'1- 69.O. Vasantha, D/o. d. Prabhakir, ngeci. +9 Yrs, Occ. IERP, R/o. H No. 12- T0.Kancharla Prameell, 06. f. yaOiian, Aged 43 Yrs, Occ. IERP, R/o. H.No. 4-'158, Assonigudem, Jai Kesaram, Choutuppal Mandal, Yadadri. Distrtct.- 71. Kancharla Jan'gamma, D/o. K. Yadaiah, Aged 45 Yrs, Occ. lERf , R/9, Choutuppal Mandal, Yadadri -8. H No 4-5-325, Sulthan Bazar, Koti. Hyderabad. H.No. 1-14, Mallaypalle, Dhubak Mandal, Siddipet District. 1-1-Cl1OOl1lA, Satyanagar Colony, Lalapet, Secunderabad H.No. 12-7-13, Mettuguda, South Lalaguda, Secunderabad. 1\3l4l2lN3, J.J. Nagar, Suryapet, Suryapet District Chintha Vari Galli, Dubaka Village, Siddipet Drstrict. H.No. 4-158, Assonigudem, Jai Kesaram, Diskict. - . T2.Gurrapu Vijaya, D/o. G. Komaraiah, Aged.49 Yrs 62/810/105, Prajay Gruhatra Aptmts, Near Hyderabad. ( )cc. IERP, (:ineplanet R/o H.No. 3- Kom pally, ...PETITIONERS AND 1 The State of Telangana, Rep by its Secretary to Go',, rnment, Ihe School Education Department, Secretariat Buildings, Tank t rnd Hyderabad. 2 The Director of School Education. and Ex-Officio Stir l Project Director of 3. I'he Union of lndia, Rep by IVinistry of Education anrJ Literacy Shastrr Bhavan, Rajpath Area, Central Secretariat, New De ri - '1 1000'l . 4 The Rehabilitation Council of lndia, Rep by the Memt :r Secretary, B22 Samagra Siksha, Hyderabad Block B, Qutub lnstitutional Area, New Delhi , Delh 10016 (As per court order dated 03-05-2024 vide lA.No. 1 oI . 024 rn WP No 25200 ctf 2023 Respondent Nos 3 and 4 are impleaded) 5 Chalamala Sreenivasulu, S/o C. Niranjan, Aged abc L t 35 years, Rio H.No 1-94 Village Kamsanipalley, Mandal Uppunur t rala District Nagar Karnool, Telangana, Pin 509376 6. Chanrakuri Pardhiv Goud. S/o C Mallaiah, Aged ab: rt 25 years. R/o H.No 2-88 Gabbilala Marri bazaar, District Nalgond r Telangana, Pin 508221 7 . Dasal Nagaralu, S/o Bhumaiah, Aged about 38 yeir s, Rio H.No 2-121, Vrllage lsarpet, [t/andal Machareddy, District Kamare,r dy, Telangana. Pin 503144 B. Dasari Ashwrni, D/o D.Shankar, Aged about 28 yetr; R/o H.No 1-212, Sardarbasthi. Mandal Kagaznagar, District Kumaranr ,eem Asifabad Telangana, Prn 504296.

9. Solapuram Ramesh, S/o Yadagiri, Aged about 28 yr ars, R/o 11 No 2-57, Harijanawada, Vemula post, Mandal addakula, Distri :t Mahabubnagar, Telangana, Pin 509380. '10:Panjala Prashanth Kumar, S/o Narsimulu, Aged abor 31 years R/o H.No 3 40, Kistampet, Veecharani District Warangal, Telani ana. Pin 506223. 11 Javeed Hussain, S/o fiilustaq Hussain, Aged about :': I years. Rio H.No '1- 116, Muddaipet, Pagdyal. K v District RangaReddy elangana, Pin 501144. 11117, Malreddy Palli, Tandeer DistrictRangaReddy, '12. Molgi Kavitha, D/o Moligi Veeresham, Aged about 3 2 years, R/o H No 1-1- .1 elangana, Pin 501141 13. Kodijuttu Ravi Kumar, S/o Lingamurthi, Aged about 3 l years, R/o H No '15- 134, Sarojinrdevi, Narsampet, DistrictWarangal, Tel? tgana, Pin 506132. 14 Bondugula Harika, D/o Haribabu, Aged about 29 yee -s, R/o H.No 8-3411 , Venkateswara colony, Balaji nagar shamirpet, Distrrcll langaReddy, Telangana, Pin 500087. l5.Nenavath Rajendar, S/o Patya Naik, Aged about 35 y;ars, R/o H.No 2-565, Bollaram Pattr Mungal, Theldevar pally, Chandampet, District Nalgonda, Telangana, Pin508248

16.Shaik Nelofor, Wo Shaik Amjad, Aged about 34 yea s, R/oH.No3-5-90iB, Jammigadda, DistrictSuryapet, Telangana, Pin50821 3 lT.Santhosh Kumar, S/o Venkataiah, Aged about 36 yr:i rs, R/oH.No1-7- 1441141A, Vivekananda colony, Boyapalli gate, Distrr: Mahabubnagar , Telangana, Pin 509001 18. Matlapalli Saidulu, S/o Veerarah, Aged about 32 yea': . R/o H.No 1-42, SC colony. MakthaKothagudem, Bopparam, District SuO,i pet, Telangana, Pin 508221

19.Aakiti saidulu, S/o Anjaiah, Aged about 34 years, R/o H.No 2-47' Yerasanigudem, Dugbnevelly, District Nalgonda, Telangana, Pin 508205 20.Gangadevi Sudhakar, S/o Ramulu, Aged about 34 years, R/o H.No 3-12, Golnepalle, Nagaram, District Nalgonda, Telangana, Pin 508112. 2'1 . tvlaragani Laxminarayana, S/o Maragani Biksham, Aged about 28 years, R/o H No 3-7113, Painampalli, District Kammam, Telangana, Pin 507160 22.Vankudoth Lalsingh, S/oChanda, Aged about 38 years, R/o H.No 1-6/1 , Prabhath nagar, Chaithanyapuri, District Hyderabad, Telangana, Pin 500060 23 Routhu Raju, S/o Laxmi Narsaiah, Aged about 36 years, R/o H.No 5-62 Sirsedu, Jammikunta, DrstrictKarimnagar, Telangana. Pin 505122 24. Ade Anil, S/o Kashiram, Aged about 36 years. R/o H.No 2-05, tadkol, banswada, District Nizamabad, Telangana, Ptn 503187

25. Kammari Swetha, W/o Dattathri, Aged about 32 years, R/o H.No 1-48, Village Waddi, Mandal Nyalkal, District Medak, Telangana, Pin 502251 26.Jayaram Naik Lavadiya, S/o Balaiah, Aged about 39 years, R/o Flat No 681, Prashanth nagar, Vanasthalipuram, Hayath nagar, District Rangareddy, Telangana, Pin 500070. 27 . Ayyalam Bodapatla, S/oYellaiah, Aged about 36 years, R/o H No 1-40, Gangilapuram, Maddur, District Warangal , Telangana, Pin 506367

28. Chinnakula Krishnaveni, D/o Papaiah, Aged about 28 years, R/o H.No 3- 54, Kistampet, Veecharani, DistrictWarangal, Telangana, Pin 506223. 29. Mamidi Ramya. D/o Sadanandam, Aged about 29 years, R/o H.No 3-02. Odelagudem, Indurthi, District Karimnagar, Telangana, Pin 5051 52.

30. Chilukuri Rachana, Wo Sanjeeva Reddy, Aged about 32 years, R/o H No 1-8, Venkampally, Nagireddypet, DistrictNizamabad, Telangana, Pin 503108. 3'1 . Kutkuri Divya, Wo Satish, Aged about 33 years. R/o H.No 1-1l7/1 , post office road, Kamanpur, District Karimnagar. Telangana, Pin 505188

32.Vuppena Anitha, D/o Gouri Shankar, Aged about 30 years R/o H-No 1-19, lmambad, Ramancha, District Siddipet, Telangana, Pin 50227 6

33. Banoth Ravichand, Sio Roopsing, Aged about 34 years, R/o H.No 3-'1 , Tunkepalle, Nizamsagar, District Nizamabad, Telangana, Pin 503302. 34. tvlandepally Rajitha, D/o Sammaiah, Aged about 25 years, Rio H.No3-1 -Ankunoor, Districtwarangal, Telangana, Pin 506223

35. Kodishela Naveen, S/o Siddi Ramulu, Aged about 29 years, R/oH.No2-71, Kistampet, Cherial, District Warangal, Telangana, Pin 506223.

36. Deekonda Swamy, Sio Durgaiah Aged about 37 years R/o H.No 3-40, mandapally, chinnakodur, District Medak, Telangana, Pin 502267 3T.Venkatesham D, S/o Narsimulu, Aged about 37 years R/oH.No 5-33, Yalal, Yalal, District Vikarabad, Telangana, Pin 501144.

38.Tulasi Gopal, S/o Sattaiah, Aged about 43 years RloH.No2'47/7, Shankulapally, District Jagital, Telangana, Pin 505327

39. Andugula RaVindar, S/o Anjaiah, Aged about 29 years R/o H.No 2-3911, sirsanagandla, vangoor, District Nagarkurnool, Telangana, Pin 509324

40. Harika Ponnala, D/o Venkaty Aged about 38 years R/o H.no 12-48 Ramakrishnapur B-zone Mandamarri District Manchenal Telangana Pin 504301 41 Dasari Kavya, D/o Murali, Aged about 26 years R/oH No'1-'1/3, cherial, DistrictWarangal, Telangana, Pin506223

42. Kashetti Ramya, D/o Ravindar, Aged about 25 years R/o H.No 7-92, mirdodi, District Siddipet, Telangana, Pin50.2108

43. Paleena, D/oAshok, Aged about 39 years R/o H.No4-8, Jarasangam, DistrictSangareedy, Telangana, Pin502247

44.Donda Uppbnder Rao, S/oD.Krishnaiah, Aged about 34 years R/0 H No 27- 19'1 line-3, shiva sai nagar, bairagiguda, District RangaReddy, Telangana 1 Pin 500091 --.<-

45. K Anusha, D/o K Venu, Aged.about 35 years R/O t1 No 1B-1-3111, sitharamna nagar, Drstrict Siddipet, Telangana, Ptt-t 12103

46. Kolipaka Samatha, WoK.Srrnivas, Aged about 33 i,r ars R/OH No2-66/22, kothapalli lammikunta, DistrictKarimnagar, Telangz ra, Pin 505122 {As per Court order dated 0410812025 vide lA.No.2 cf 2023 in WP.No 25200 of 2023 R5 to R46 are impleaded) ...RES'.NDENTS Petition under Article 226 of the Constitution of r dia praying that in tl e crrcumstances stated rn the affidavit filed therewrth, :l e High Court may be pleased to pass an order(s) or direction(s) more particul:l ly one rn nature of Writ of Mandamus in drrecting the Official Respondent No. 1 rnd 2 for regularisation and absorption on permanent basis of the Petrtioners \,1o working as Inclusive Education Resource Persons (lERPs) professionally termed as Speciitl Educators with Special Education qualification working rr rder Samagra Shtksha who provrde Specral Trainrng to CwSN (lntellectually Dise oled i Cerebral Palsy t IVultiple Disabilities) at [t/andal level in Bhavitha Cer t es for the vacancies arrived in the post of Special Education Teacher posts; i t Prttrary Level in th': category of Secondary Grade teacher and Special Edur: tion Teacher posts Ert Upper Primary/ Secondary Level in category of School p,r sistant in Government and Local Body lVlanagement Schools vide., G.O.Ms. Nr. 97 Finance (HRI\1-ll) Department Dt 26-08-2023 by considering their represe r ations Dt 25-08-202|\ as the Petitioners are rendering their services in very similar proJects witlr identical qualifications and are in expectation of regulans ation of their services, on the verge of longevity of their services with the Resporr ents. lA NO: 1 OF 2023 Petition under Section 151 CPC praying that in th: circumstances stated in the affidavit filed in support of the petition, the High C l rrt may be pleased to direct the Respondent No. 1 and 2 for absorption/ regul€-ization of Petitioners services for the vacancies arrived in the post of Special Eri rcation Teacher posts at Primary Level in the category of Secondary Grade teacher and Special Education Teacher posts at Upper Primary/ Secondary Level in category of School Assistant in Government and Local Body Manar; rment Schools vide., G.O lt/ls No. 97 Finance (HRtV-ll) Department Dt. 26-08-20 l3 Counsel for the Petitioners: SRI PRATAP NARAYAN SANGHI, SENIOR Counsel for the Respondent Nos.1 & 2: GP FOR SERVICES-I Counsel for the Respondent Nos.3 TO 46: SRI GUNGALWAR ARUN KUMAR COUNSEL FOR SRI AVADESH NARAYAN SANGHI The Court made the following: ORDER 'l IN TH EHI GH COURTFO THE STAT EOF ELI NGANA ATH YD ERABAD THE N,B MR US CE U AL n ! rNDA WRIT PETITIO NN o.25 200 F 2023 DATE: O5. 12.2 25 BETWEEN: Boya Srin ivasu lu and others ..petitioners And The State of Tela nga n a, Rep. by its Secretary to Government, The School Education Department, Secretariat Buildir ls' Tank bund, HYderabad and others lespondents ORDER Heard Sri Pratap Narayan Sanghi, tear ted Senior Designated Counsel representing Sri Avades h Narayan Sanghi, learned Senior Counsel appearing o r behalf of the petitioners on record, learned Assistant Government Pleader for Services - I apt earing on 2 SN,J W.P.N0.25200 of 202J behalf of the respondent No.1 and Sri Gungalwar Arun Kumar, learned counsel appearing on behalf of the respondent Nos.2 to 46. 2 The oetitio ers aDoroached the Court seekinq Draver as under: " ..to pass an order(s) or directlon(s) more particularly one in nature of Writ of Mandamus in drrecting the Official Respondent No. 1 & 2 for regularisation & absorption on permanent basis of the Petitioners who working as Inclusive Education Resource Persons (IERPs) professionally termed as Special Educators with Special Education qualification working under Samagra Shiksha who provide Special Training to CwSN (Intellectually Disabled / Cerebral Palsy / Multiple Disabilities) at Mandal level in Bhavitha Centres for the vacancies arrived in the post of Special Education Teacher posts at Primary Level in the category of Secondary Grade teacher and Special Education Teacher posts at Upper Primary/Secondary Level in category of School Assistant in Government & Local Body Management Schools vide., G.O.Ms. No. 97 Frnance (HRM-II) Department Dt. 26-08-2023 by considerlng their representations Dt. 25-08-2023 as the Petitioners are rendering their services in very similar projects with identical qualifications and are in expectation of regularisation of their services on the 1 3 J S\..I $. ' io.25200 of 2023 verge of longevity of their services !v t \ the Respondents and pass such other or further r) ( ers as this Hon'ble Court deems fit and proper I the circumstance oF the case.... ." The case of the oeti made in the averments ners in brief ffidavit a l; oer the filetl bv the n o t nt wrat e! ition is as u nder i) The Petitioners have been working as Inclusive Education Resource Persons under the 'Samar; a Shiksha Scheme', providing special training to Children 'n ith Special Needs, including the persons with lntellectual lisabilities' cerebral palsy, and multiple disabilities, in Bhavir'l a Centres' The Petitioners were appointed through a dull' conducted selection process under SSA/RMSA and have bt::n worklng continuously since 2006, providing both centre'fased and home-based education and support to Children I ith Special N eeds. ii) The Government of Telangana issued G'rl Ms No'97' HRM-II) Department, ciated 26.08.2023, creatin! 796 SGT- t, i I I ) 4 SN,J !V.P.No.25200 of202f level and 727 School Assistant-level Special Education Teacher posts. Under Section 10-A of the A.P. Public Employment Act, 7994, full-time contract employees working against sanctioned posts are eligible for regularisation and the petitioners meet that criteria. iii) The Petitioners submitted a representation dated

25.O8.2023 seeking regularisation/absorption against the newly created posts. However, the Respondents have not taken any action and are likely to proceed with recruitment without considering the Petitioners' legitimate claim. Aggrieved by the same, the petitioners approached this Court by filing the present writ petition. 4 PERUSED T E RECORD. A) The ex Court i the order dated O7.O3.2O25 Writ Petit N 2oJ2 sDec tc llv observeda unde r: "In the judgment dated 2a.10.2021, it was left to the Central Government to come out with a -t ) s\.J $.l . 0-25200 of 202.! teacher-pupil ratio in such schools with ri ecia I (n by children and the ralio which we have been gi the Central Government is 1:10 for a primarl s :hool and 1:15 for middle and secondary s: lools respectively. Once we have the teacher-pLlt) ratio with us and also the figures as to the num: :r of chlldren with special needs in each of the Stat ) and UTs, by this time, each of the States and UTs ; rould have at Ieast identified lhe number of san( t cned posts. Under these circumstances, the followinrl :'ders are being Passed todaY: "v "f L. Each States and UTs shall come ) t wrth notifications with the number of posts tl'' : they have sanctioned for teachers who have l( mpart education to children with special needs' --- ,. After the posts have been sanctio I :d and thin a notifi;d, which shall be done positively three weeks from today i e' on c- :efore p"ii"l 'zg.oz.zozS, these posts need to be adrrr:'t sed at -ion in L.Ji" two newspapers havinq wide circ.l the respective States as well as on the n'et site of if," o"pu.trn"nt of Education and also r n the officiat Covernment website of each of the i ates' - 3. Let the selection and appointrr' nt be made of q ua lified/co m pete nt/elig ible t€ rchers oniu. fr.tn"r., the requirement of RCI qur i cation I"iifi.ut. also needs to be taken into acc ) Int ior appointment to the post as directed by th: Court ilitt .1ra9."nt dated 2A'lO 2O2l, as a r:z r dldate not travin! RCI Certificate shall be ineligiblr ' ' Meanwhile, we have been informed tlat in many of the States and Union Territories' adhoc teachers on contractual basis are presently rl )arting education and taking classes of children witl^ ;pecial .ir'i '&til I 6 SN'J W.P.No.25200 of2023 needs. We have also been informed that in some of the States, these teachers have been continuing for the last 20 years, approximately. For these reasons, the States shall immediately constitute a Screening Committee consisting of the following:

1. State Commissioner for Persons with Disabilities ( for short 'Disability Commissioner') appointed under Section 79 of Rights of Persons with Disabilities ('RPwD') Act, 2016. 2. Secretary, Education of the concerned education department; 3. A nominee of the RCI who will be a competent person having knowledge in the prescribed area. This shall be the three-member committee for each of the States and UTs. We make it very clear that in case there is no disability commissioner available in any State, in that case only he/she shall be substituted by the Legal Representative (LR) or the law Secretary of the State concerned. The Screening Committee shall examine the case of each of the candidates who have been working on contract/daily wage basis to teach these children and those teachers who have been found to be com petent/elig ible and qualified to teach, shall be given the pay scale of special teacher. The past experience of these teachers shall also be kept in mind. However, the mandatory requirement for each of the candidates would be RCI qualification. a 7 s\"1 \\ ) i,r.252O0 ot 2(t2.1 Further, in case of a person who was lready workrng and teaching for the last many ye'r s' the Screening Committee shall also be authorized - nsider relaxation of the age limit in appropriate cases' Let all of this be completed within a p e -iod of twelve weeks from today which will 1n6lgfls tirr three weeks for the sanctioned posts which havi to be identified. We make it absolutely clear that the i :nefits of pay scale will only be prospective ar I not retrospective i.e. from the date of the r such appointment after selection' They will be ':'r ointed against the sanctioned posts and shall be g ' r.l the pay-scale which is to be given on that post rl'r z after screening. It is made clear that those State whe posts have already been sanctioned should immedlat: y start the selection Process. We also make it clear that in some of tl-t States such as Sikkim, Arunachal Pradesh, Nagalar d and Manipur which are represented today throu'; L their respective counsel(s) before this Court and ha\t stated that there have been some logistical problem: 'or the appointment of trained teachers in their State oo' All the same, they shall initiate the exercise, which rhall be subject to the availability of teachers with qual'f :ations as indicated above. I I I I i I i I I t i I I {l si\J W.P.No.25200 of 2021 List on 15.07.2025. " B) The Aoex Court in the order dated L5.O7.2025 assed in Wri P n N 2 specifically observed as under: "1. Learned senior counsel appearing before us for the respective parties have voiced their grievance in unison that the directions contained in the earlier order dated 07th March, 2025 have been observed by the States/Union Territories in the breach.

2. In that view of the matter, we call upon each of the 36 States/Union Territories (mentioned at page 10 of the said order dated 07th March, 2025) to file separate affidavits pleading compliance of the directions contained therein within three weeks from date.

3. In the event any State/Union Territory fails to file such affidavit, the Additional Chief Secretary/ Principal Secretary/ Secretary, Education Department of each such State/Union Territory shall remain present on the next date of hearing, i.e., 29th August, 2025, when these petitions shall be re-listed and explain why action For contempt of court shall not be initiated. -.} I SN.J \\ .P.\o.2520ri r)t 2021

4. The affidavlts must be s;v/ rn by a responsibie offjcer of the Education Depar[i: ]xt of ther conccrred State,lUnron feiltory, nol belof. rt rank or De pu [y S(,aretar,/.

5. Copres of the affidavits sh.1i over to lvlr. Rishi N4alhotra, learned Amictrs least 72 hours plor to the returnable date. 5e made :uriae at

5. Learned Senior Desi qna ted Counsel I lD annq on behalf of theDe titio n ers ma followin q submissi ons: in lv ut l

5.1 The Petitioners were appointed by -he Drstrict Collector & Chairman, Sarva Shiksha Abhiyan, TderabaC on contrdct basis to serve as IED Rcsource rersons for providing education to children with disabilities

5.2 Ail the Petitioners possess the requisite r1 alifications, in clud ng the qualifications recognized by the il :haltiiitat,on Councii oF india.

5.3 After the formation of the State of Te. rgana, the Telangana Samagra Shiksha Abhiyan s( I eme was constituted and placed under the supervision o - re principal ]\ t. l0 SN.J w.l'. \o.25200 of 2021 Secretary of Education and the \ryrit Petitioners, however, continued in th eir service

5.4 The Apex Court, in its order dated 28.10.2021 passed in Writ Petition (Civil) No. 132 of 2016 in "Rajneesh Kumar Pandey and Others v. Union of India and others", took a serious view of the matter that persons were being appointed on a contracl basis wrthout any rules, regulations, or prescribed conditions of service in the cadre of Special Education Teachers for children with disabilities

5.5 The Apex Court vide order dated 15.07.2025 in Writ Petition (Civil) No.132 of 2016, directed the various State Governments to file affidavits stating the action taken by the respective Governments in pursuance to the specific directions issued by the Apex Court in its order dated

07.03.2025 passed in Writ Petition(Civil) No.132 of 2016. Though several teachers are working in recognized schools in the State of Telangana, this fact was not placed before the Apex Court which is contrary to the specific directions issued by the Apex Court in Writ Petition (Civll) No. 132 of 2016, (referred to and extracted above). f II s\.,, \\ .P. \o.2510{l ot 2021

5.6 The Government issued a dirt: - notiFication on 28.02.2024 proposing to fill I I 1,523 posts, recruitment while around 523 posts are presently vac. in the State Government, However, the Governrnent cr 'elangana not provided any absorptron regularr , !-ion scl-eme, OT despite the directions of the Apex Courr : altsorb the tear:hers r,.rho have been rvorking under tre Telargana Sanragra Shiksha Abhiyan scheme, institLt. by the State Government DUrsuant to the formation o the State of Telangana.

6. Learned Senior Destgnated Counse ropearincl on behalf of the petilioners contends that thc s1;: ific directions issue d by lhe Apex Court vide orders datec t . 33 2025 and

15.47.2025 need to be implemented forthw t n respect of the petitioners herein. and that the I :prc'sentation submitted by the petitioners dated 25.0t,. ) )23, seeking regularization of their services in view of thr: >ng length of service rendered by the petitioners with the respondents, need to be considered and appropriate orders : I passed ,.*ffidl t t2 s\'J l1'.P.\o.25200 of 2021 Based on the aforesaid submissions, learned Ga naor Desi nated Counsel a it rt earrn on behalf of th Detitioners contends that th e writ petition needs to be allowed as praved for.

7. Learned Assistant Government Pleader appearing on behalf of the respondent No.1, on the other hand, placing relrance on the averments made in the additional affidavit filed on behalf of the respondent No.l, and the judgment passed by this Court dated 03.06.?-A21 in W.P. No. B20B of 2020 and also the Division Bench judgment of this Court dated 19.11.2024 passed in W.P. No. 10744 of 2017 and batch, contends that the petitioners are not entitled for the relieF as prayed for in the present writ petition. it is further contended that the Government of Telangana cannot be directed to follow the policy adoptcd by the Government of Andhra Pradesh, and it is the prerogative of the employer to decide the service conditions of the petitioners herein and therefore, no writ of mandamus can be issued ) 1l s\,J '\.P.!(,.25200 of 202J s o resa I submissi< ns. lear ned ear n A istan Gov rnm nt Pl ader ln behalf of the res ondent No.1 contend ed that thr pe tit io n ers are not entitled for the relief as orav€ for in the Dresent writ oet ita o n. ( DIscus ION AND CONC LUSIO N:

8. A bare perusal of the orders of the Apex Court dated 07.03.2025 passed in !V.p. (Civit) No. 132 of . r l6 (referred to and extractec above) clearly indicates that, .r pursuance of the directions issued by ihe Apex Court ( r furnish jng infornration pertaining to children with special r:eds in each ot the States and Union Territories, insofar a! he State of Telangana is concerned, the fiEures submittec .o the Apex Court indicate a total of 32,794.

9. A bare perusal of the directions issued t 7 the Apex Court dated A7.03.2025 ctearly rndicates that :ach State, including the State of Telangana, should com,r out with a notiFication speciryrng the number of posts sar:tioned ror teachers who are to rmpart education to c r rdren wirh 7

1.1 sN.,t W.P. \o.15200 of 201-1 special needs and after the posts are sanctioned and notified within a period of three weeks from the date of the said order i.e., on or betore 28.03.2025, these posts were required to be advertised at least in two newspapers having wide circulatron in the respective States, as well as on the website of the Department of Education and the official Government website of each State. The selection and appointment were to be made only of qualified, competent, and eligible teachers. Further, the requirement of an RCI qualification certificate was also directed to be taken into account for appointment to the post, as held by the Apex Court in its judgment dated 28.10.2021, since a candidate lot possessrng an RCI certificate would be ineligible. However, the respondents had not followed the said exercise/ as directed by the Apex Court on 07.03.2025 in W.P. No. 132 of 2016 in "Rajneesh Kumar Pandey v. Union of India", nor have the specific directions dated

15.07.2025, directing each of the States to file separate affidavits in compliance with the directions issued -on 07.03.2025 by the Apex Court in "Rajneesh Kumar l S \,J '\.t'.\o.2Sl0(, 0l l0lJ Pandey and Others v. Union of India and )thers", been complied with 1O. This Court oprnes that the directions ;sued by the Apex Court carnot be rgnored and must be s rctly complied with. The relref sought by the petitioners in t I ) present writ petition is the implementation of the directio-; of the Apex Court dated 07.O3,2025 and 15.07.2025, p; ssed in W.P (Civ,l) No. 132 of 2016 in "Rajneesh Kumer pandey v Union of India", and for consider. t on of the representations of the petitioners dated 25.0r1 2023 seeking regularizatioi.l of thc petitioners' services agair t the notified 1,523 Special Education Teachers' posls, clI u taking into account the fact that the petitioners have re ndered more than two decades of service with the resp,t. lents herein, which rs qu ite reasonable

11. This Court opines that the pleas put ,orth by the learned counsel appearing on behalf of th€, respondents, reFerring to the Division Bench judgment of tl-i Court dated

19.11.2024 passed in W.P.No,l0744 of 201-,7 i nd the order I l6 SN,J W. P.No.25200 of 2021 passed by the tearned Srngle )udge dated 03.06.2024 passed in W.P. No. B2OB of 2020, are not tenable in view of the specific directions issued by the Apex Court dated 07 03.2025 and t5.07.20?5 pertaining to children with special needs, and the concern expressed by [he Apex Court in its order dated 07.03.2025, wherein it was brought on record, in figures, that the State of Telangana has 32,794 children with specral needs, Therefore, the State is bound to sanction the posts required to cater to the educational needs of such children. The judgments relied upon by the respondents dated 19.11 .2021 passed in U/.p.No. lOt44 of 2011 , and the judgment dated 03.06.2024 passed in W.p. No. B20B of 2020, have no application to the facts ot the present case and are accordingly, rejected. L2. TA IN G INTO CONS IDERATION: a) The aforesaid facts and circumstances of the ca se, b) The submissions made by the learned Senior Designated Counsel appearing on behalf of the l7 \ \.J l'.\0.15200 oI202J petitioners, learned Assistant Government Pleader for Se rvices I appearing on behalf of the respondent No.1 and the learned counsel appearing r n behalf of the respondent Nos.2 to 46, c) The observations of the ADex Cc,r rt in Writ Petition (Civil ) No. 132 of 2O16 dated t7.O3.20?5, r ferr d to and ex racted above d) The observations of the Apex Co( rt in Writ Petition ( Civil) No. 132 of 20 16 dated . 5 .O7 .2025, (referred to and extrar ed bove e) The discussion and conclusion as arrived at paragraph Nos.8 to 11 of the present orde r" The writ petition is allowed, Resoonl ent Nos. 1 oetitaon ers and 2 are directed to conside r the repre 5 rntation of dated 2 5.08.2023 L seekino ! tioners on reo u la rizat ion and absor tion oft eDe ba s is, who are workinq as perma ent Inclusive h Educat on Resou rce Persons ( IERPs). or ( fessi ona llv 7 : Itt SN,J W.P.No.25200 of 2021 termed as Decial Educators, Dossessinq Soecial Education oualifications and are workinq under Samaqra Sh iksh a who provide soecial traininq to Children with SDecial Needs (CwSN). in cludinq those with intellectual d isabilities, cerebraI Dalsv, and multiole disabilities, at the Mand al level in Bhavitha Centres, dulv considerinq the cases of the Detitioners for the vacancies that have arisen in the Dosts of S nar A IE tlt r cat onT achers at the Primar L V lin t h cateoorv of Secondar Grade Teachers. and Soecial Education Teach ers at t he UDDer Primarv/Secondarv Level in the cate or of School Assistants in o Government and Lscal Body Manaqement Schools, in terms of G.O.Ms. No. 97, Finance (HRM-II) Department,ilted 26.08,2023, as the petitioners are renderinq services in similar proiects with identical a fications and are le itimatel ex ec IN reqularization of their services in view of the lonq !n 2 t pm r rif ht he rcqnn h n d en ts a rl nass ann ronriatc n orde rs wtthin aDen od of four (4) weeks from the date IV s\"I t\ .1'.\o.25200 ol:02J I of rec tofacoo y of this order, dul takinq into consideration th e law laid down bv the oex Court in the i udqment s oertain i nq to reoul a rizal.i :n referred to an d extract ed above ) and the soecific lirections of the Aoex Court da ted 07.03.2O25 anrl 15.o7.202s passed in W.P. (Civil ) No. 132 of 2O16 (referred to and extracted above), in acco rdance to rw and dul I v communicate the decision on the D etitioners' re Dresent ation dated 25. o8.2023 to th here irl. However,th ere shall be no orde ristocosts. p etitio n ers C It4iscellaneous petitions, ri any, pendir,c jn this \^/lt Petition, shall stand closed. SDi- r. SRINIVASA REDDY AI; iISTANT REGISTRAR //TRUE COPY// The Secretary to Government, State of Telangana, I f Department, Secretariat Buildings, Tank bund, Hyde r The Director of School Education, and Ex-Officio State Samagra Siksha, Hyderabad The Ministry of Education and Literacy, Union of lndi;i, Rajpath Area, Central Secretariat, New Delhr - 1 100i) The Member Secretary, Rehabilitation Council of lndia lnstitutional Area, New Delhi , Delhi 110016 One CC to SRI AVADESH NARAYAN SANGHI, Advo: Two CCs to GP FOR SERVICES-|, High Court for the { Hyderabad. [OUT] One CC to SRI GUNGALWAR ARUN KUMAR Advoca Two CD Copies To 1 2 3 4 5 6 7 8 I'SK IIS )6/ SECTION OFFICER : School Education rbad. Prolect Drrector of Shastri Bhavan, 822 Block B, Qutub rte [OPUC] tate of Telangana,. at e [OPUC] HIGH COURT DATED:0511212025 CC TODAY or 1EL4 ,v ORDER wP.No.25200 of ,o?d. % o u- ,\ \\ \ F\ S'= I > (: ) l) fi:;. _a: . ,t 'yt /-rn;: t * ALLOWING THE WRIT PETITION WITHOUT COSTS (,\ l\{ ? \(.) ^n'\*)