The court reinforced the right to regularization for long-serving contract educators in special education, emphasizing adherence to Supreme Court directives and established eligibility criteria under public employment law.

ORDER :

Surepalli Nanda, J.

Heard Sri Pratap Narayan Sanghi, learned Senior Designated Counsel representing Sri Avadesh Narayan Sanghi, learned Senior Counsel appearing on behalf of the petitioners on record, learned Assistant Government Pleader for Services - I appearing on 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 petitioners approached the Court seeking prayer as under:

“……to pass an order(s) or direction(s) more particularly one in nature of Writ of Mandamus in directing 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 Finance (HRM-II) Department Dt. 26-08-2023 by considering 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 verge of longevity of their services with the Respondents and pass such other or further orders as this Hon'ble Court deems fit and proper in the circumstance of the case.……”

3. The case of the petitioners in brief as per the averments made in the affidavit filed by the petitioners in support of the present writ petition is as under:

i) The Petitioners have been working as Inclusive Education Resource Persons under the ‘Samagra Shiksha Scheme’, providing special training to Children with Special Needs, including the persons with intellectual disabilities, cerebral palsy, and multiple disabilities, in Bhavitha Centres. The Petitioners were appointed through a duly conducted selection process under SSA/RMSA and have been working continuously since 2006, providing both centre-based and home-based education and support to Children with Special Needs.

ii) The Government of Telangana issued G.O.Ms.No.97, HRM-II) Department, dated 26.08.2023, creating 796 SGT-level and 727 School Assistant-level Special Education Teacher posts. Under Section 10-A of the A.P. Public Employment Act, 1994, 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 25.08.2023 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 THE RECORD.

A) The Apex Court in the order dated 07.03.2025 passed in Writ Petition (Civil) No. 132 of 2016, specifically observed as under:

“In the judgment dated 28.10.2021, it was left to the Central Government to come out with a teacher-pupil ratio in such schools with special children and the ratio which we have been given by the Central Government is 1:10 for a primary school and 1:15 for middle and secondary schools respectively. Once we have the teac