Contractual special educators' regularization claims deferred to Supreme Court-directed Screening Committee for credential verification, prioritizing existing staff meeting RCI/TET qualifications amid ongoing proceedings.

ORDER (ORAL)

By Hon’ble Mr. Manish Garg, Member (J)

M.A. No. 2568/2025 (Joining Together) is allowed, and the applicants are permitted to pursue the O.A. jointly.

2. M.A. No. 2569/2025 (Exemption) is allowed, subject to all just exceptions.

O.A. No.2288/2025

In the present Original Application filed under Section 19 of the Administrative Tribunals Act, 1985, the applicants seek the following reliefs:-

“(i) direct the respondents to grant to the applicants, temporary Status and Regularization as per D. 0. P. &. T. Scheme w.e.f.01.09.1993 with all consequential benefits including fixation of pay and its arrears etc.;

(ii) direct the respondent no.2 to regularize the service of the applicants from the date the services of the juniors of applicants have been regularized & pay arrears of salary accordingly;

(iii) allow all the service benefits admissible to Temporary Status Employees w.e.f. 01.09.1993;

(iv) allow exemplary costs to each of the applicants individually for the long ordeal suffered by them for the last more than 30 years to ward of the illegalities continuously committed against them by the respondents;

v) allow any other and further relief which the Hon'ble Tribunal may deem fit and proper in the circumstance of their case in order to meet the ends of justice”

2. The present matter pertains to appointment to the post of Special Educator (Primary) in MCD. It is noted that the issue of appointment to the said post is presently under consideration before the Hon’ble Supreme Court in W.P.(C) No. 132 of 2026, titled Rajneesh Kumar Pandey & Ors. v. Union of India & Ors.

3. We further draw reference to the decision rendered in a similar matter, i.e., O.A. No. 705 of 2026 dated 17.03.2026, wherein the following has been recorded:-

“By way of the present Original Application, the applicant seeks the following reliefs and interim reliefs:

“(a) Call for perusal before this Hon’ble Tribunal all files, records, and documents related to the contractual appointment of the Applicant on the post of Assistant Teacher of Special Schools dated 23.02.2010, as well as all files, records, and documents related to the extensions granted to the contractual appointment of the Applicant on the said post from time to time since 2010 till date.

(b) Allow the present OA and direct the Respondents to regularize the appointment of the Applicant with effect from 23.02.2010 on the post of Assistant Teacher of Special Schools.

(c) Direct the Respondents to grant all consequential benefits to the Applicant pursuant to the regularization of her appointment as Assistant Teacher of Special Schools with effect from 23.02.2010.

(d) Pass any other order(s) or grant any other relief(s) as this Hon’ble Tribunal may deem fit, just, proper, or appropriate in the facts and circumstances of the case.”

“9.1 That the Applicant was engaged on 23.02.2010 on a contractual basis by the Respondents as Assistant Teacher of Special Schools against a sanctioned and vacant post.

9.2 That the Respondents have extended the contractual appointment of the Applicant as Assistant Teacher of Special Schools from 23.02.2010 up to 31.03.2026 without any interruption.”

2. Highlighting the facts of the case, learned counsel for the applicant submits that the present OA has been necessitated due to the arbitrary, discriminatory and exploitative denial of regularization despite the applicant having rendered continuous service for nearly 16 years as an Assistant Teacher against a duly sanctioned post after a fair and transparent selection process.

2.1. Learned counsel further submits that the applicant is fully qualified, duly registered with the Reh