1

ITEM NO.78 COURT NO.12 SECTION X

S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS

Writ Petition(s)(Civil) No(s). 132/2016

RAJNEESH KUMAR PANDEY & ORS. Petitioner(s)

VERSUS

UNION OF INDIA & ORS. Respondent(s)

MR. RISHI MALHOTRA (AMICUS CURIAE]

IA No. 50471/2021 - APPLICATION FOR PERMISSION
IA No. 37238/2021 - APPLICATION FOR PERMISSION
IA No. 249910/2023 - APPLICATION FOR PERMISSION
IA No. 123252/2020 - APPLICATION FOR PERMISSION
IA No. 74824/2021 - APPLICATION FOR PERMISSION
IA No. 190123/2019 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 116366/2022 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 113310/2022 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 23736/2019 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 82136/2024 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 97659/2018 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 174218/2018 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 146547/2019 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 146274/2019 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 16355/2020 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 115912/2018 - CLARIFICATION/DIRECTION
IA No. 21055/2018 - CLARIFICATION/DIRECTION
IA No. 21822/2024 - CLARIFICATION/DIRECTION
IA No. 97663/2018 - CLARIFICATION/DIRECTION
IA No. 141285/2023 - CLARIFICATION/DIRECTION
IA No. 98958/2022 - EXEMPTION FROM FILING AFFIDAVIT
IA No. 78979/2022 - EXEMPTION FROM FILING AFFIDAVIT
IA No. 22022/2024 - EXEMPTION FROM FILING O.T.
IA No. 173591/2019 - EXEMPTION FROM FILING O.T.
IA No. 128163/2017 - EXEMPTION FROM FILING O.T.
IA No. 2/2016 - EXEMPTION FROM FILING O.T.
IA No. 16358/2020 - EXEMPTION FROM FILING O.T.
IA No. 9/2017 - EXEMPTION FROM FILING O.T.
IA No. 30082/2018 - GRANT OF INTERIM RELIEF
IA No. 74820/2021 - GRANT OF INTERIM RELIEF
IA No. 86670/2016 - IA FOR IMPLEADMENT
Signature Not Verified

IA No. 27854/2017 - IMPLEADMENT, DIRECTION, OT

Digitally signed by
Nirmala Negi
IA No. 98109/2018 - INTERVENTION APPLICATION
Date: 2025.03.09
18:17:30 IST
Reason:
IA No. 126356/2017 - INTERVENTION APPLICATION
IA No. 166257/2023 - INTERVENTION APPLICATION
 2

IA No. 97652/2018 - INTERVENTION APPLICATION

IA No. 141284/2023 - INTERVENTION APPLICATION
IA No. 146263/2019 - INTERVENTION/IMPLEADMENT
IA No. 74381/2021 - INTERVENTION/IMPLEADMENT
IA No. 245958/2024 - INTERVENTION/IMPLEADMENT
IA No. 107257/2018 - INTERVENTION/IMPLEADMENT
IA No. 98708/2019 - INTERVENTION/IMPLEADMENT
IA No. 190121/2019 - INTERVENTION/IMPLEADMENT
IA No. 90592/2024 - INTERVENTION/IMPLEADMENT
IA No. 21051/2018 - INTERVENTION/IMPLEADMENT
IA No. 89715/2024 - INTERVENTION/IMPLEADMENT
IA No. 12758/2019 - INTERVENTION/IMPLEADMENT
IA No. 173590/2019 - INTERVENTION/IMPLEADMENT
IA No. 97018/2022 - INTERVENTION/IMPLEADMENT
IA No. 82130/2024 - INTERVENTION/IMPLEADMENT
IA No. 174217/2018 - INTERVENTION/IMPLEADMENT
IA No. 146544/2019 - INTERVENTION/IMPLEADMENT
IA No. 28942/2024 - INTERVENTION/IMPLEADMENT
IA No. 97651/2018 - INTERVENTION/IMPLEADMENT
IA No. 30187/2018 - INTERVENTION/IMPLEADMENT
IA No. 129598/2018 - INTERVENTION/IMPLEADMENT
IA No. 146273/2019 - INTERVENTION/IMPLEADMENT
IA No. 16351/2020 - INTERVENTION/IMPLEADMENT
IA No. 74815/2021 - INTERVENTION/IMPLEADMENT
IA No. 128768/2022 - INTERVENTION/IMPLEADMENT
IA No. 22058/2024 - INTERVENTION/IMPLEADMENT
IA No. 246688/2024 - INTERVENTION/IMPLEADMENT
IA No. 6824/2021 - PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES
IA No. 131315/2018 - PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES
IA No. 6/2017 - PERMISSION TO FILE ANNEXURES
IA No. 3/2017 - PERMISSION TO FILE ANNEXURES
IA No. 28659/2024 - PERMISSION TO FILE APPLICATION FOR DIRECTION
IA No. 1/2016 - PERMISSION TO FILE LENGTHY LIST OF DATES
IA No. 3920/2024 - RECALLING THE COURTS ORDER

WITH

CONMT.PET.(C) No. 591/2022 in W.P.(C) No. 132/2016 (X)

FOR EXEMPTION FROM FILING O.T. ON IA 136828/2022
FOR PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES ON IA
156466/2022
FOR EXEMPTION FROM FILING O.T. ON IA 157707/2022
FOR impleading party ON IA 5722/2023
FOR INTERVENTION/IMPLEADMENT ON IA 5722/2023
FOR EXEMPTION FROM FILING O.T. ON IA 5723/2023
FOR impleading party ON IA 31726/2023
FOR INTERVENTION/IMPLEADMENT ON IA 31726/2023
 3

FOR impleading party ON IA 156274/2024

FOR INTERVENTION/IMPLEADMENT ON IA 156274/2024
FOR EXEMPTION FROM FILING O.T. ON IA 156275/2024
IA No. 5723/2023 - EXEMPTION FROM FILING O.T.
IA No. 157707/2022 - EXEMPTION FROM FILING O.T.
IA No. 136828/2022 - EXEMPTION FROM FILING O.T.
IA No. 156275/2024 - EXEMPTION FROM FILING O.T.
IA No. 156274/2024 - INTERVENTION/IMPLEADMENT
IA No. 31726/2023 - INTERVENTION/IMPLEADMENT
IA No. 5722/2023 - INTERVENTION/IMPLEADMENT8
IA No. 156466/2022 - PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES

CONMT.PET.(C) No. 856/2023 in W.P.(C) No. 132/2016 (X)

(IA No. 62867/2023 - EXEMPTION FROM FILING O.T.)

Diary No(s). 10073/2024 (X)8

(IA No. 75509/2024 - CONDONATION OF DELAY IN FILING & IA No.
55972/2024 - EXEMPTION FROM FILING O.T.)

Diary No(s). 27076/2024 (X)

Diary No(s). 40533/2024 (X)

(IA No. 201178/2024 - CONDONATION OF DELAY IN FILING)

Diary No(s). 46243/2024 (X)

Diary No(s). 51158/2024 (X)

(IA No. 252704/2024 - CONDONATION OF DELAY IN FILING)

W.P.(C) No. 876/2017 (X)

(IA No. 29329/2018 - EXEMPTION FROM FILING O.T., IA No. 7557/2019 –
INTERVENTION/IMPLEADMENT & IA No. 29969/2018 –
INTERVENTION/IMPLEADMENT)

W.P.(C) No. 1099/2023 (X)

(FOR ADMISSION)

Date : 07-03-2025 These matters were called on for hearing today.

CORAM :
HON'BLE MR. JUSTICE SUDHANSHU DHULIA
HON'BLE MR. JUSTICE K. VINOD CHANDRAN

For Petitioner(s) Mr. Rishi Malhotra, Sr.Adv./AC

Mr. Dinesh Kumar Chawla, Adv.

Mr. Koushik Gole, Adv.
Mr. Aditya Ranjan, AOR
 4

Mr. Gauranga Kumar Das, Adv.

Mr. Sukesh Ghosh, Adv.
Mr. P.c.das, Adv.
Mr. Rajesh Kumar Singh, Adv.
Mr. Ashis Kumar Chowdhury, Adv.
Mr. Rochak Kharbanda, Adv.
Dr. Raj Kumar Jain, Adv.
Dr. O.p.kharbanda, Adv.
Mr. Rajat Kharbanda, Adv.
Mr. Sandeep Pandhi, Adv.
Mr. Chand Qureshi, AOR

Mr. P S Patwalia, Sr. Adv.

Mr. Shoeb Alam, Sr. Adv.
Mr. Satyajeet Kumar, AOR
Mr. Prashant Shukla, Adv.
Mr. Gunjeet Singh, Adv.
Mr. Suyash Srivastava, Adv.
Mr. Abhishek Tiwari, Adv.
Mr. Goutam Prasad, Adv.
Mr. Abhishek Kr.Tiwari, Adv.
Shreya Mishra, Adv.
Nishendra Kumar Pandey, Adv.
Manish Panday, Adv.

For Respondent(s) : Mr. Anand Grover, Sr.Adv.

Mr. Kunal Mimani, AOR
Mr. Akshay Luthra, Adv.

Mr. K M Nataraj, ASG

Ms. Rashmi Nandakumar, AOR

Ms. Yashmita Pandey, Adv.

Mr. Sudarshan Lamba, AOR

Ms. Aishwarya Bhati, A.S.G.
Mr. R.bala, Adv.
Mr. Akshay Amritanshu, Adv.
Ms. Vimla Sinha, Adv.
Ms. Preeti Rani, Adv.
Ms. Rukhmini Bobde, Adv.
Mr. Raman Yadav, Adv.

Ms. Astha Sharma, AOR

Mr. Ardhendumauli Kumar Prashad, Sr. Adv.

Mr. Sanjay Kumar Tyagi, AOR
Mr. Sandeep Singh, Adv.
 5

Mr. Pawan, Adv.

Mr. Vikrant Narayan Vasudeva, AOR

Mr. Rohit Lochav, Adv.
Mr. Sarthak Chiller, Adv.

Ms. K. Enatoli Sema, AOR

Mr. Amit Kumar Singh, Adv.
Ms. Chubalemla Chang, Adv.
Mr. Prang Newmai, Adv.

Mr. Nishant Patil, A.A.G.

Mr. D. L. Chidananda, AOR

Mr. Kaustubh Shukla, AOR

Mr. Shuvodeep Roy, AOR

Mr. Pradhuman Gohil, Adv.

Mrs. Taruna Singh Gohil, AOR
Mr. Alapati Sahithya Krishna, Adv.
Ms. Hetvi Patel, Adv.
Mr. Rushabh N. Kapadia, Adv.
Ms. Taniya Bansal, Adv.

Mr. Samar Vijay Singh, AOR

Mr. Fateh Singh, Adv.
Mr. Aman Dev Sharma, Adv.
Ms. Sabarni Som, Adv.
Mr. Prakhar Garg, Adv.
Mr. Vishal Prasad, Adv.
Dr. Sukhdev Sharma, Adv.
Mr. Vaibhav Vikram Singh, Adv.

Mr. Anand Shankar, AOR

Mr. Ravindra S. Garia, AOR

Mr. Guntur Pramod Kumar, AOR

Ms. Prerna Singh, Adv.
Mr. Dhruv Yadav, Adv.

Mr. Basava Prabhu S Patil, AG,State of Sikkim

Mr. Sameer Abhyankar, AOR
Ms. Ripul Swati Kumari, Adv.
Mr. Krishna Rastogi, Adv.

Ms. Devina Sehgal, AOR

Mr. Dhananjay Yadav, Adv.
Mr. Yatharth Kansal, Adv.
 6

Ms. Aishwarya Bhati, A.S.G.

Mr. Aravindh S., AOR
Mr. Abbas B, Adv.

Ms. Srishti Agnihotri, AOR

Ms. Sanjana Grace Thomas, Adv.
Ms. Tara Elizabeth Kurien, Adv.
Mr. D.p.singh, Adv.

Mr. Raghenth Basant, Sr. Adv.

Mr. Subhash Chandran K.r, AOR
Ms. Krishna L R, Adv.
Ms. Hima Bhardwaj, Adv.

Ms. Taruna Ardhendumauli Prasad, AOR

Mr. Santosh Krishnan, AOR

Mr. K.m Natraj, A.S.G.

Mr. Apoorv Kurup, A.A.G.
Ms. Ankita Sharma, AOR
Mr. Arjun D Singh, Adv.
Ms. Nidhi Mittal, Adv.
Ms. Poonam Dolo, Adv.

Mr. Amit Sharma, A.A.G.

Mr. Sarthak Raizada (ga), Adv.
Mr. Pashupathi Nath Razdan, AOR
Mr. Ajay Sharma, Adv.

Mr. Pukhrambam Ramesh Kumar, AOR

Mr. Karun Sharma, Adv.
Ms. Anupama Ngangom, Adv.
Ms. Rajkumari Divyasana, Adv.

Mr. Manoj C. Mishra, AOR

Ms. G. Indira, AOR

Mr. P.v. Dinesh, Sr. Adv.

Mr. Nishe Rajen Shonker, AOR
Mrs. Anu K Joy, Adv.
Mr. Alim Anvar, Adv.
Mr. Santhosh K, Adv.
Ms. Anna Oommen, Adv.
Ms. Syed Nazarat Fatima, Adv.

Mr. Akshat Kumar, AOR

Mr. Abhimanyu Tewari, AOR

 7

Ms. Eliza Bar, Adv.

T L V Ramachari, Adv.
Sandeep Singh D., Adv.
Sanjiv Kumar Jain, Adv.
Saurabh Kumar Solanki, Adv.
Sanjeev Kumar, Adv.
Ekta Kalia Arora, Adv.
Mr. D.kumanan, AOR

Mr. V Chidambaresh, Sr. Adv.

Mr. Biju P Raman, AOR
Mr. K P Rajagopal, Adv.
Ms. Usha Nandini V, Adv.
Mr. John Thomas Arakal, Adv.

Mr. Jatinder Kumar Bhatia, AOR

Mr. Satish Pandey, AOR

Ms. Jay Jaimini Pandey, Adv.
Mr. Rahul Kumar, Adv.
Ms. Lalita Gupta, Adv.
Ms. Seema Patnaha, Adv.
Mr. Khagesh Kumar, Adv.
Mr. Baldeo Sharan, Adv.
Mr. Rajiv Agnihotri, Adv.

Ms. Aishwarya Bhati, A.S.G.

Mrs. Mrinal Elkar Mazumdar, Adv.
Mr. Mukesh Kumar Verma, Adv.
Mr. Neeraj Kumar Sharma, Adv.
Indira Bhakar, Adv.
Ms. Kanu Agrawal, Adv.
Mr. Varun Chugh, Adv.
Mr. Bhuvan Kapoor, Adv.
Mr. Krishna Kant Dubey, Adv.
Mr. Harish Pandey, Adv.
Mr. Shashwat Parihar, Adv.
Mr. Piyush Beriwal, Adv.
Mr. Mukul Singh, Adv.
Mr. Shreekant Neelappa Terdal, AOR
Ms. Diksha Verma, Adv.
Mr. Mukesh Verma, Adv.
Mr. Deepak Bhardwaj, Adv.

Mr. Omkar Deshpande, Adv.

Mr. Siddharth Dharmadhikari, Adv.
Mr. Aaditya Aniruddha Pande, AOR
 8

Ms. Ranjeeta Rohatgi, AOR

Mr. Piyush Dwivedi, AOR

Ms. Swati Ghildiyal, AOR

Ms. Devyani Bhatt, Adv.
Ms. Neha Singh, Adv.

Mr. Anando Mukherjee, AOR

Mr. Shwetank Singh, Adv.

Mr. S.. Udaya Kumar Sagar, AOR

Mr. Ravindra Sadanand Chingale, AOR
Ms. Astha Sharma, AOR
Mr. Mukesh Kumar, AOR

Mr. Akshay Amritanshu, AOR

Ms. Pragya Upadhyay, Adv.
Ms. Drishti Saraf, Adv.

Mr. D. Mahesh Babu, AOR

B K Mishra, Sr.Adv.
Hitesh Kumar Sharma, Adv.
Amit Kumar Chawla, Adv.
Akhileshwar Jha, Adv.
Niharika Dewivedi, Adv.
Binay Kumar, Adv.
Ishank Ranjan, Adv.
Mr. Ajay Pal, AOR

Mr. Rajiv Shankar Dvivedi, Adv.

Mr. Anirudh Sharma, Adv.
Ms. Tulika Mukherjee, AOR
Mr. Beenu Sharma, Adv.
Mr. Venkat Narayan, Adv.

M/S. Venkat Palwai Law Associates, AOR

Mr. Karan Sharma, AOR

Mr. Mohit Siwach, Adv.
Mr. Abhishek Bhudhiraja, Adv.
Ishika Jain, Adv.
Harshit Kumar, Adv.

Mr. Ashutosh Kumar Sharma, AOR

Mr. Ajay Kumar Bahuguna, Adv.

Ms. Deepanwita Priyanka, AOR

 9

Mr. Abhay Anil Anturkar, Adv.

Mr. Dhruv T., Adv.
Mr. Aniruddha A., Adv.
Ms. Surbhi Kapoor , AOR

Mr. Manish Kumar, AOR

Mr. Divyansh Mishra, Adv.

Mr. Mukesh Kumar Maroria, AOR

Mr. V. Chitambaresh, Sr. Adv.

Mrs. Dhanya P Ashokan, Adv.
Mr. Lakshmeesh S. Kamath, AOR
Mrs. Samriti Ahuja, Adv.
Ms. Aditi Prakash, Adv.

Mr. Avijit Mani Tripathi, AOR

Mr. T K Nayak, Adv.
Mr. Upendra Mishra, Adv.
Mr. P S Negi, Adv.

UPON hearing the counsel the Court made the following

O R D E R

In spite of the judgment passed by this Court on 28.10.2021

and the directions contained in paragraph 57 of the judgment

[paragraph 72 of the reported judgment (2021) 17 SCC 1] and then

subsequently the orders dated 21.07.2022 and 12.03.2024 passed by

this Court, none of the States or Union Territories (‘UTs’) have

made any appointments on the sanctioned posts for Special Teachers.

In fact, a large majority of the States have not even identified

the sanctioned posts required in the State, in spite of the fact

that now we have the figures in each of the States having children

with special needs.

The figure of children with special needs in each of the

States and UTs, which we presently have before this Court (which
 10

may at present vary but only slightly) is as follows:-

S.No. State Figures

1 Andhra Pradesh 82227
2 Arunchal Pradesh 3038
3 Assam 55908
4 Bihar 85344
5 Chandigarh UT 3336
6 Chhattisgarh 73765
7 Delhi 32398
8 Goa 3059
9 Gujarat 36710
10 Haryana 21111
11 Himachal Pradesh 8858
12 Jharkhand 45598
13 Karnataka 43719
14 Kerala 123831
15 Madhya Pradesh 120764
15 Maharashtra Information not provided
17 Manipur 4078
18 Meghalaya 3741
19 Mizoram 3741
20 Nagaland 4084
21 Odisha 86689
22 Punjab 47979
23 Rajasthan 71929
24 Sikkim 1125
25 Tamil Nadu 100460
26 Telangana 32794
27 Tripura 3715
28 Uttarakhand 4575
29 Uttar Pradesh 301718
30 West Bengal 135796
31 A&N Islands 716
32 Dadra Nagar Haveli and Daman 765
Diu
33 J&K 19035
34 Ladakh 730
35 Lakshadweep 134
36 Puducherry Information not provided

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
 11

Central Government is 1:10 for a primary school and 1:15 for middle

and secondary schools respectively. Once we have the teacher-pupil

ratio with us and also the figures as to the number of children

with special needs in each of the States and UTs, by this time,

each of the States and UTs should have at least identified the

number of sanctioned posts. Under these circumstances, the

following orders are being passed today:

1. Each States and UTs shall come out with notifications

with the number of posts that they have sanctioned

for teachers who have to impart education to children

with special needs.

2. After the posts have been sanctioned and notified,

which shall be done positively within a period of

three weeks from today i.e. on or before 28.03.2025,

these posts need to be advertised at least in two

newspapers having wide circulation in the respective

States as well as on the website of the Department of

Education and also on the official Government website

of each of the States.

3. Let the selection and appointment be made of

qualified/competent/eligible teachers only. Further,

the requirement of RCI1 qualification certificate also

needs to be taken into account for appointment to the

post as directed by this Court in its judgment dated

1
Rehabilitation Council of India
 12

28.10.2021, as a candidate not having RCI Certificate

shall be ineligible.

Meanwhile, we have been informed that in many of the States

and Union Territories, adhoc teachers on contractual basis are

presently imparting education and taking classes of children with

special needs. We have also been informed that in some of the

States, these teachers have been continuing for the last 20 years,

approximately. For these reasons, the States shall immediately

constitute a Screening Committee consisting of the following:

1. State Commissioner for Persons with Disabilities (for

short ‘Disability Commissioner’) appointed under Section 79

of Rights of Persons with Disabilities (‘RPwD’) Act, 2016.

2. Secretary, Education of the concerned education

department;

3. A nominee of the RCI who will be a competent person

having knowledge in the prescribed area.

This shall be the three-member committee for each of the

States and UTs.

We make it very clear that in case there is no disability

commissioner available in any State, in that case only he/she shall

be substituted by the Legal Representative (LR) or the law

Secretary of the State concerned.

 13

The Screening Committee shall examine the case of each of the

candidates who have been working on contract/daily wage basis to

teach these children and those teachers who have been found to be

competent/eligible and qualified to teach, shall be given the pay

scale of special teacher. The past experience of these teachers

shall also be kept in mind. However, the mandatory requirement for

each of the candidates would be RCI qualification.

Further, in case of a person who was already working and

teaching for the last many years, the Screening Committee shall

also be authorized consider relaxation of the age limit in

appropriate cases.

Let all of this be completed within a period of twelve weeks

from today which will include the three weeks for the sanctioned

posts which have to be identified. We make it absolutely clear that

the benefits of pay scale will only be prospective and not

retrospective i.e. from the date of their such appointment after

selection. They will be appointed against the sanctioned posts and

shall be given the pay-scale which is to be given on that post only

after screening.

It is made clear that those State where posts have already

been sanctioned should immediately start the selection process.

We also make it clear that in some of the States such as

Sikkim, Arunachal Pradesh, Nagaland and Manipur which are

represented today through their respective counsel(s) before this

Court and have stated that there have been some logistical problems
 14

for the appointment of trained teachers in their State too. All the

same, they shall initiate the exercise, which shall be subject to

the availability of teachers with qualifications as indicated

above.

List on 15.07.2025.

(NIRMALA NEGI) (RENU BALA GAMBHIR)

ASSTT.REGISTRAR-cum-PS ASSISTANT REGISTRAR