Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(SC) 502

SUPREME COURT OF INDIA
PANKAJ MITHAL, S.V.N. BHATTI, JJ.
Sunil Kumar Yadav and Others – Appellants
Versus
The State of Jharkhand and Others – Respondents
Civil appeal no(s). 7120 of 2026 @ Special Leave Petition (Civil) No(s). 4881 of 2023 With Civil Appeal No(s). 7174-7186 of 2026 @ Special Leave Petition (Civil) No(s). 5717-5729 of 2023 With Civil Appeal No(s). 7223-7232 of 2026 @ Special Leave Petition (Civil) No(s). 5730-5739 of 2023 With Civil Appeal No(s). 7187-7197 of 2026 @ Special Leave Petition (Civil) No(s). 5743-5753 of 2023 With Civil Appeal No(s). 7198-7208 of 2026 @ Special Leave Petition (Civil) No(s). 5756-5766 of 2023 With Civil Appeal No(s). 7233-7237 of 2026 @ Special Leave Petition (Civil) No(s). 6833-6837 of 2023 With Civil Appeal No(s). 7209-7222 of 2026 @ Special Leave Petition (Civil) No(s). 7151-7164 of 2023 With Civil Appeal No(s). 7151-7156 of 2026 @ Special Leave Petition (Civil) No(s). 7812-7817 of 2023 With Civil Appeal No(s). of 2026 @ Special Leave Petition (Civil) No(s). 7912-7915 of 2023 With Civil Appeal No(s). of 2026 @ Special Leave Petition (Civil) No(s). 8292-8304 of 2023 With Civil Appeal No(s). of 2026 @ Special Leave Petition (Civil) No(s). 9422-9432 of 2023 With Civil Appeal No(s). of 2026 @ Special Leave Petition (Civil) No(s). 9447-9448 OF 2023 With Civil Appeal No(s). of 2026 @ Special Leave Petition (Civil) No(s). 9511-9527 of 2023 With Civil Appeal No(s). of 2026 @ Special Leave Petition (Civil) No(s). 15303 of 2023 With Civil Appeal No(s). of 2026 @ Special Leave Petition (Civil) No(s). 20844-20845 of 2023 With Civil Appeal No(s). of 2026 @ Special Leave Petition (Civil) No(s). 22085 OF 2023 With Civil Appeal No(s). of 2026 @ Special Leave Petition (Civil) No(s). 23022-23045 of 2023 With Civil Appeal No(s). of 2026 @ Special Leave Petition (Civil) No(s). 24273-24304 of 2023 With Civil Appeal No(s). of 2026 @ Special Leave Petition (Civil) No(s). 25930-25936 of 2023 With Civil Appeal No(s). of 2026 @ Special Leave Petition (Civil) No(s). 2140-2144 of 2024 With Civil Appeal No(s). 7350 of 2026 @ Special Leave Petition (Civil) No(s). 28250 of 2025 With Civil Appeal No(s). 7319 of 2026 @ Special Leave Petition (Civil) No(s). 11043 of 2026 With Civil Appeal No(s). 7310 of 2026 @ Special Leave Petition (Civil) No(s). 11061 of 2026 With Civil Appeal No(s). 7311 of 2026 @ Special Leave Petition (Civil) No(s). 11062 of 2026 With Civil Appeal No(s). 7312 of 2026 @ Special Leave Petition (Civil) No(s). 11063 of 2026 With Civil Appeal No(s). 7313 of 2026 @ Special Leave Petition (Civil) No(s). 11064 of 2026 With Civil Appeal No(s). 7314 of 2026 @ Special Leave Petition (Civil) No(s). 11065 of 2026 With Civil Appeal No(s). 7315 of 2026 @ Special Leave Petition (Civil) No(s). 11066 of 2026 With Civil Appeal No(s). 7316 of 2026 @ Special Leave Petition (Civil) No(s). 11067 of 2026 With Civil Appeal No(s). 7317 of 2026 @ Special Leave Petition (Civil) No(s). 11068 of 2026 With Civil Appeal No(s). 7318 of 2026 @ Special Leave Petition (Civil) No(s). 11069 of 2026 With Civil Appeal No(s). 7320 of 2026 @ Special Leave Petition (Civil) No(s). 11070 of 2026 With Civil Appeal No(s). 7321 of 2026 @ Special Leave Petition (Civil) No(s). 11071 of 2026 With Civil Appeal No(s). 7322 of 2026 @ Special Leave Petition (Civil) No(s). 11072 of 2026 With Civil Appeal No(s). 7323-7349 of 2026 @ Special Leave Petition (Civil) No(s). 11210-11236 of 2026
Decided On : 07-05-2026

Advocates Appeared:
For the Appellants : Mr. Colin Gonsalves, Sr. Adv. Ms. Tanya Agarwal, Adv. Mr. Krishna Kumar Keshav, Adv. Mrs. Shubhangi Tuli, AOR Mr. Anilendra Pandey, AOR Mr. Rajeev Kumar Ranjan, Adv. Mr. Ashutosh Gupta, Adv. Mr. Kamlesh Upadhyay, Adv. Ms. Aarati Sah, Adv. Mr. Animesh Shukla, Adv. Mr. Narendra Kumar, Adv. Mr. Santosh Kumar Vishwakarma, Adv. Mr. Santosh Kumar Pandey, AOR Mr. Colin Gonsalves, Sr. Adv. Ms. Tanya Agarwal, AOR Mr. Krishna Kumar Keshav, Adv. Mr. Sandeep Jha, Adv. Mr. Ram Ekbal Roy, Adv. Mr. Binay Kumar Das, AOR Mr. Rajiv Ranjan Dwivedi, AOR Mr. Prashant Bhushan, AOR Ms. Alice Raj, Adv. Mr. Rahul Gupta, Adv. Mr. Gopal Sankaranarayanan, Sr. Adv. Dr. Rajiv Nanda, Sr. Adv. Mr. Brajesh Pandey, Adv. Mr. Shashank Ratnoo, Adv. Mr. Shantanu Lakhotia, Adv. Mr. Divyaveer Singh, Adv. Mr. Kanchan Kumar Jha, Adv. Ms. Divya Negi, Adv. M/s. Brajesh Pandey & Associates, AOR
For the Respondents: Mr. Arunab Choudhary, Sr. A.A.G. Mr. Vishnu Sharma, Adv. Ms. Madhusmita Bora, AOR Mr. Pawan Kishore Singh, Adv. Ms. Pavithra V., Adv. Mr. Krishna Murari, Adv. Mr. Satya Mitra, AOR Mr. Gurmeet Singh Makker, AOR Mr. Raj Bahadur Yadav, AOR Mr. Satyajeet Kumar, AOR Mr. Goutam Prasad, Adv. Ms. Priyanka, Adv. Mr. Colin Gonsalves, Sr. Adv. Ms. Tanya Agarwal, AOR Mr. Krishna Kumar Keshav, Adv.

No judicial mandamus for blanket regularization of scheme para-teachers into cadre posts contrary to Art.309 rules reserving 50% quota; State directed to periodically notify/fill earmarked vacancies exclusively via merit.

Headnote:(A) Constitution of India - Articles 14, 16, 21A, 309 - Right of Children to Free and Compulsory Education Act, 2009 - Para-teachers engaged contractually under centrally sponsored scheme for elementary education sought regularization as Assistant Teachers/Sahayak Acharyas, pay parity, challenge to recruitment rules - No right to blanket regularization by mandamus or absorption into cadre posts contrary to statutory rules reserving 50% vacancies exclusively for eligible para-teachers via merit-based selection on academic/TET marks - Courts mould relief directing State to determine vacancies, issue exclusive notifications for para-teachers and implement immediate/annual recurring timelines for filling earmarked quota without encroaching open category. (Paras 18, 23, 24)

(B) Service Law - Regularization - Scheme-funded contractual posts distinct from sanctioned State cadre posts; initial engagement by local committees not comparable to district-level competitive process; no legitimate expectation of permanence despite long service; statutory rules provide participatory right subject to qualifications, experience, TET. (Paras 17, 19)

(C) Equal pay for equal work - Not automatic entitlement; requires proof of qualitatively identical duties, responsibilities, qualifications vis-à-vis regular teachers; honorarium disparity upheld absent full accountability. (Para 20)

Facts of the case:
Batch appeals from dismissal of writ petitions by para-teachers serving 5-15 years under scheme, TET-qualified, performing teaching duties against vacancies; claimed regularization by seniority, pay parity, challenged rules ignoring experience; State resisted citing contractual terms, 50% quota in rules, open market balance.

Findings of Court:
No regularization as right; enforce statutory 50% quota via State-level notifications/merit process; immediate schedule: vacancy determination within 4 weeks, advertisement within 6 weeks, completion within 16 weeks; annual calendar: vacancies by 31 March, advertisement 1 April, process by 31 May.

Issues: Whether para-teachers entitled to direct regularization/pay parity despite contractual scheme engagement; validity of recruitment rules with 50% para-quota; judicial power to direct absorption under Articles 226/142.

Ratio Decidendi: Regularization not mode of recruitment; impermissible if bypasses Art.309 rules balancing equality/opportunity; State must activate own scheme recognizing para-teachers via periodic exclusive process ensuring employment security without diabolical disparity between merit-selected and mandated appointees. Result : Civil appeals disposed; directions issued to implement statutory quota process.

Table of Content
1. ssa engages contractual para-teachers for rte implementation. (Para 1 , 2 , 3 , 4 , 5)
2. para-teachers claim regularisation by seniority and tet. (Para 6 , 10)
3. contractual engagement confers no regularisation right. (Para 7 , 11 , 12 , 13 , 16)
4. hc rejects regularisation of scheme para-teachers. (Para 8 , 17)
5. umadevi bars court-mandated irregular appointment regularisation. (Para 14 , 15)
6. statutory rules reserve 50% vacancies for para-teachers. (Para 18 , 19)
7. equal pay requires identical duties and responsibilities. (Para 20)
8. direct timely 50% quota recruitment for para-teachers. (Para 21 , 22 , 23 , 24)
9. prioritise statutory process over blanket regularisation. (Para 25 , 26)

JUDGMENT :

S.V.N. BHATTI, J.

1. Leave granted.

2. The Sarva Shiksha Abhiyan (“SSA”) is a flagship programmatic intervention by the Government of India, operationalised in partnership with State Governments, to achieve the universalisation of Elementary Education in India. Its jurisprudential foundation is anchored in the Directive Principles of State Policy under Article 45 of the Constitution of India and, subsequently, the Fundamental Right guaranteed under Article 21A¹ [Inserted via the 86th Constitutional Amendment Act, 2002] which mandates the State to provide free and compulsory education to all children in the age group of six to fourteen years. The SSA is the primary vehicle for implementing the provisions of the Right of Children to Free and Compulsory Education Act, 2009 (“RTE Act”). In the State of Jharkhand, the overarching responsibility for implementing the SSA is with the Jharkhand Education Project Council, an autonomous State Implementation Society. The project was a much-needed initiative, and to fulfil its laudable aims, the State may have been compelled to adopt innovative approaches to address the human resources gap in employing teachers. To shorten the narrative, it is noted that the result was the engagement of voluntary teachers/para-teachers on a contract basis starting in 2002.

3. The para-teachers engaged under the SSA are the Appellants. The Civil Appeals arise from the Judgment dated 16.12.2022, in Writ Petition (S) No. 315 of 2016 and a batch of similar petitions from the High Court of Jharkhand (“Impugned Judgment”).

4. The Impugned Judgment was passed in a batch of over a hundred writ petitions filed by para-teachers engaged under the SSA across the State of Jharkhand. The lead writ petition was Writ Petition (S) No. 315 of 2016 filed by Sunil Kumar Yadav and others. The batch was heard together and disposed of by the Impugned Judgment. The reliefs sought by the Petitioners in the Writ Petition before the High Court are as follows:

• Appointment against vacant and sanctioned posts of Assistant Teachers.

• Pay parity with regular Assistant Teachers.

• Declaration that the Jharkhand Primary School Recruitment Rules, 2012 (Notification No. 1632 dated 05.09.2012) (“2012 Rules”) were unconstitutional insofar as they provided no regularisation route to the para-teachers.

• Comparative reference to policies of other States for the regularisation of para-teachers.

5. The High Court dismissed the Writ Petitions. Hence, the Civil Appeals.

6. The Writ Petition (S) No. 315 of 2016, dated 18.01.2016, was filed by Sunil Kumar Yadav, along with seventy-five para-teachers from various government schools in Garhwa District, State of Jharkhand. The Writ Petition raises the following points:

• They have acquired the necessary higher education degrees, namely, B.A., M.A., B.Ed., etc., and have successfully passed the Teacher Eligibility Tests (“TET”) conducted by the Jharkhand Academic Council.

•

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2026 Supreme(SC) 502

No judicial mandamus for blanket regularization of scheme para-teachers into cadre posts contrary to Art.309 rules reserving 50% quota; State directed to periodically notify/fill earmarked vacancies exclusively via merit.

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