B.Ed. (General Education) coupled with a one-year Post Graduate Professional Diploma in Special Education is considered equivalent to B.Ed. (Special Education) for the recruitment of Special Education Teachers, as recognized by the RCI and NCTE.

Order

1. Instant writ petition is preferred with following prayer:

“(i) By an appropriate writ, order direction, the actions of the respondents in rejecting the candidature of the petitioners for the post of Teacher Grade-III (Level-II) Special Education pursuant to advertisement dated 31.07.2018 may kindly be declared arbitrary, illegal and unconstitutional and consequently be quashed and set aside.

(ii) By an appropriate writ, order or direction, the respondents be directed to grant appointment to the petitioners on the post of Teacher Grade-III (Level-II) Special Education in their respective subject and according to their respective merit pursuant to advertisement dated 31.07.2018 along with all consequential benefits including seniority.

(iii) By an appropriate writ, order or direction, the qualifications possessed by the petitioners i.e., B.Ed. in General Education with One Year Post Graduate Diploma in Special Education be treated as valid qualification for appointment on the post of Special Teachers pursuant to advertisement dated 31.07.2018

(iv) By an appropriate writ, order or direction, the respondents be directed to implement the judgment dated 24.09.2025 passed by the Hon'ble Supreme Court in Civil Appeal No. 8140/2024; Manoj Kumar Sharma and Ors. v. State of Rajasthan and Ors. in case of the instant petitioners who are similarly situated candidates and the petitioners' candidature be considered for recruitment on the post of Teacher Grade III (Level-II) Special Education pursuant to advertisement dated 31.07.2018.

(v) By an appropriate writ, order or direction, the arbitrary and illegal actions of the respondents of not considering the qualification of the petitioners as valid for recruitment pursuant to advertisement dated 31.07.2018 may kindly be deprecated in strongest terms.”

2. Learned counsel for petitioner while relying upon judgment in case of Manoj Kumar Sharma and Ors. Vs. State of Rajasthan and Ors. Civil Appeal No.8140/2024 submits that the matters pertains to recruitment notification dated 31.07.2018 for the purpose of appointment on post of Teacher Grade III (Level-2) General Education as well as Special Education. She further submits that the controversy has already been decided by Hon’ble Supreme Court in case of Manoj Kumar Sharma and Ors. Vs. State of Rajasthan and Ors. (supra) and the instant writ petition be disposed of in light of said judgment.

3. Having considered the material placed on record and also the judgment of Hon’ble Supreme Court, the issue in case of Manoj Kumar Sharma (supra) as under:

“The short issue arising for consideration is whether the qualification of the appellants, who possess a B.Ed (General Education) along with a post-graduate professional diploma in Special Education, is equivalent to the prescribed qualification, i.e. graduation and B.Ed. (Special Education).”

4. Hon’ble Supreme Court has considered the issue and observed as under:

“11. The answer to this question is simple and straightforward for the following reasons:-

a. It is an admitted fact that the advertisement which is issued is intended for the recruitment of Special Education Teachers. Recruitment of teachers intended for special education is governed by the RCI Act , a special statute, the regulator of which is the Rehabilitation Council of India, which has a statutory status.

b. The council has already issued an order dated 20.04.2009 indicating that B.Ed. (General Education) coupled with Diploma (special education) sh