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2021 Supreme(SC) 648

A.M.KHANWILKAR, DINESH MAHESHWARI, C.T.RAVIKUMAR
RAJNEESH KUMAR PANDEY – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
For the Petitioner(s):Shoeb Alam, Prashant Shukla, Suyash Srivastava, Shreya Mishra, Madhumay Mishra, Satyajeet Kumar, Advocates
For the Respondent(s):Priyanka Prakash, Beena Prakash, G. Prakash, Rashmi Nandakumar, Madhvi Divan, Ld. R. Bala, Akshay Amritanshu, Vimla Sinha, Nidhi Khanna, Gurmeet Singh Makker, Vinay Garg, Tanmaya Agarwal, Anuvrat Sharma, Krishnanand Pandeya, Uttara Babbar, B. Sunita Rao, Deepika Gupta, Taruna Ardhendumauli Prasad, Piyush Dwivedi, Rohit K. Singh, Mirza Kayesh Begg, Prakhar Srivastav, Pashupathi Nath Razdan, Ravindra Sadanand Chingale, K.V. Jagdishram, N.P. Haibila, G. Indira, D. Mahesh Babu, Abhinav Mukerji, Rishi Malhotra, Suhaan Mukerji, Vishal Prasad, Nikhil Parikshith, Abhishek Manchanda, Sayandeep Pahari, M/S. Plr Chambers And Co., Eliza Bar, Abhimanyu Tewari, Sibo Sankar Mishra, Aravindh S., Akansha Singh, Ravish Singh, Krishnanand Pandey, Abdul Qadir, Ritika Singh, Anand S. Jondhale, Sunil Prem Lalla, Gulfeshan Javed, Atiqur Rahman Siddiqui, Abbula Kalam, Dilshad Bohra, Ninanda Nair, Satish Pandey, Ranjeeta Rohatgi, Advocates

JUDGMENT :

A.M. KHANWILKAR, J.

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 Needs1[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 Pupil-Teacher 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 diffe

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