Special Educator Supreme Court Case Hearing Update।। दिल्ली, उडीसा, पंजाब और हरियाणा को दिए निर्देश

Added: 2026-05-12

[00:00:18]Okay. So, so which state are you taking?

[00:00:37]Yes. Yes. Mr. >> My last order these states were Delhi, Udisa, Punjab and Harulated Delhi. I'm not today pressing Delhi.

[00:00:47]We'll take it up next.

[00:00:50]>> There's a letter is in some difficulty. She mentioned it before >> only last time they would not disengage us.

[00:01:00]My lord they have disengaged us on 8th of May. My lords they actually they I've seen the Delhi uh affidavit. It more or less concludes it against his clients. The only little reservation which remained was that was with regard to 581 posts. Your lordship said for 202 one week nothing will happen. If you find that you have been uh disengaged and you don't have any right, you have a right >> we'll restore.

[00:01:32]>> But if you don't have a right >> because this because my submission is as for the 7th of March order these contractual have to be given. Now the situation is we are out totally >> we'll consider it's not that you are out means you're already you're out of court also before the court.

[00:02:01]file your reply matter sir Mr. matter previously.

[00:02:13]Madame has has entered appearance on behalf of NC Delhi.

[00:02:21]>> The NCT Delhi may file its reply affidavit by Friday.

[00:02:27]>> Will take up the Delhi matter next month. At least next week my be allowed to continue. No that's >> just wait for 7 days you have been disengaged >> by an inter motor we cannot bring you back >> right >> just wait for 7 days next >> next date we will start with Delhi again >> yes today is which date first date >> next is very sa then >> Oisha then Punjab >> Punjab and Chandigar >> Punjab please wait sir But may I kindly have Orisa's affidavit of 4th of May 2026 4th May 2026.

[00:03:33]This is not >> Yes. Got the >> Yes.

[00:03:47]>> 7th. Now, you may kindly see sale number two. They have reproduced the order pertaining to Odisa. 7th April 2026 in par number two. Kindly come to par 13 of that notes. Paragraph five of the affidavit dated 13 1025 reads as follows that in compliance with the directions of this honorable court, it is respectfully submitted that out of 632 numbers of block resource person 572 block resource persons with RCI qualification are in position. They getting monthly salary of so and so.

[00:04:21]London America suggests that state ought to be directed to proceed for screening of the 572 persons named in the aforet extract and to assertain the eligibility for regularization. Let the state of Odisha consider the cases of the 572 block resource person with RCA qualification who are presently in position if they satisfy the eligibility criteria in terms of rules as the order of this code of 7th March the process for the regulation may be taken so and so. So therefore your lawyers were concerned at the moment with regard to 572 RCI persons. Now in view of that matter they have filed a uh this compliance affidavit where they mentioned that they have only filled at par five of this affidavit 106 rci qualified teachers malord the question which I put to myself is that once your lordship directed 572 teachers to be screened and appointed why this minimum figure of 106 m they have not explained that number one and then they have formed screening committee then they say they want four weeks time for So 106 is a minimum number when 572 is the 572 qualified then why not 572 >> that's that's my why only 106 then yes lot out of 572 106 person possess the both RCI plus TT TT is mandatory in Odisa 2012 onwards >> where is the notification I will file >> where is notification we have to show that uh for teachers who would be imparting lessons to children with special needs it has been made compulsion you're saying as if it is a general propulsary from 2009 onwards to everybody >> but where is the stipulation that for teaching children with special needs you need to have uh Where is the recruitment rule? SH >> they have not even stated in the affidavit also >> and we have been saying that T would be a desirable qualification.

[00:06:38]>> Yes sir.

[00:06:39]>> If there are two candidates.

[00:06:40]>> Yes sir.

[00:06:41]>> Right. And one post one with RCI plus T one with only RCI. Then you appoint the one who has T.

[00:06:49]But to throw away everyone because T is not required by them that would not be proper.

[00:07:01]And particularly when RCI comes and says >> they are not qualified >> to grant appointment to all these 57 >> how long have they been working block resource person to file a detailed epidem of their We have the affidavit dated >> 4th May 2026.

[00:07:47]Although initially it was represented to the court that there are 572 individuals who have been working as block resource persons with RCI qualification and that they would be considered by the screening committee. In terms of the order of the court dated 7th March 2025, the affidavit reveals that only 106 individuals were called for document verification.

[00:08:27]Stop. Responding to our query as to why the balance 466 individuals have not been called upon to attend proceedings before the screening committee for document verification.

[00:08:46]Your Mr. Nag Yes Mr. procession on your night that council submits that such candidates do not possess T qualification which is mandatory in the state of Orisa.

[00:09:02]We have in our previous orders noted the stand of the RCI that TT qualification is not a mandatory qualification to be possessed by teachers wishing to impart lessons to children with special needs. We also observed that qualification would be considered as a desirable qualification.

[00:09:30]Confronted with such a situation, Mr. NY submits that opportunity may be granted to the state of Orisa to file a comprehensive affidavit.

[00:09:40]He seeks and is granted more exclusion. That would mean uh beyond vacation. We'll have we have no other option. It has to come beyond time till time till uh 14th July to file a comprehensive affidavit. We however direct that in the meanwhile the remaining 466 individuals shall be called upon to produce their credentials for verification before this training committee. And if it is found that all such any or all such candidates possess the RCI qualification step shall be taken for their appointment in accordance with the order dated 7th March 55.

[00:10:28]>> My lords on Orisa I just had one more submission. My lords had indicated to me last time that my lords wants to look at the people who are already serving first which is 572 in number but I also wanted to flag that according to the state of Orisa's own affidavit the their submission is that 4,700 teachers are required and Orisa has a situation where there is no dirt of manpower there are rci qualif institutes and qualified persons thousand every year are getting added to the workforce so our request was they have taken a policy decision to create 1,900 sanctioned posts. So if they're filing something in July, they may indicate some timeline as to creation of new posts as well. Whenever my lords wants to look at that issue, ma'am, >> where do we get that they have >> in their decided >> they in their latest >> have you decided >> of course >> 1520 post >> new post have been created. It >> is in propos it is in process.

[00:11:29]We have also certain from Mr. N place it on record that 1520 new posts have been are are sought to be created.

[00:11:41]If indeed that be so and the and and the cabinet sanctions creation of such posts cabinet stroke appropriate authority approve such creation of appropriate posts come tendency of these of these matters before this court will not prevent the state from proceeding ahead with issuance of advertisement.

[00:12:09]Such may also be indicated in the affidavit to be filed.

[00:12:13]>> Next is Punjab.

[00:12:14]>> Punjab >> 12th May 26 affidavit. The latest one very soon.

[00:12:28]I don't have handing out.

[00:12:30]>> I was given to understand your lordship doesn't have this latest affidavit. I was given it.

[00:12:35]>> I was given today in the morning. So you have it now. I have I have prepared it also.

[00:12:44]Now Lord you may just note on some figures in Punjab because Punjab may have some details.

[00:12:50]What they say is that they have total number of sanctioned post 3600 which you will get in par two of this earlier out of this honorable court but Lord just noted down sanctioned post is 3600. What they say is that initially they have processed only 1100 post by stage wise meals. Out of these 1100 post 725 are from direct recruitment meal process and remaining 375 they say they are contractual teachers. 375 are the remaining contractual teacher working.

[00:13:28]Now out of this 375 what they say is that they have only they have screened them and they have recommended appointment for only 36 teachers out of 375.

[00:13:44]And then my lord something interesting which I want state to clarify before lordship is par number four. shortly come to space 4 paraphu.

[00:13:58]It is respectfully submitted that the state government has conducted Punjab state teacher eligibility test on 15426 and thereafter conducted a Punjab state teacher eligibility test special on 26426 where special educators were also for opportunity of sou. So b what they say is that they have conducted two types of datots. One for general what I believe on 15th April and for special teachers on 26th April 26. But what they say subsequently is pursuant to Punjab state teacher test on 15th floor approximately 54 special teachers have been have cleared. So the question which I put to myself that the state clarify this thing that that are these 54 special teachers appointed from the general test or for the special test followers because general T can't select special teacher because they have conducted specially a special T for on 20 on 26th April 54 special teachers being appointed from general test where my friend has to clarify that's point number one and then my lords how how have the How how many candidates or teachers have been selected from 26th April exam? They have not given that data.

[00:15:14]>> So only 54 teachers from varing for existing teachers. We are working >> since last 15 to 20 years my we don't know why we have been excluded. uh state has on this date. This is an earlier affidavit that we have filed 13th January 26. With regard to the contractual employees 375 of them as earlier we had selected 36 of them. Then in addition 12 were given age relaxation and mal further uh 13 more have been selected from that category. Mal 375 they were the eligible ones. For this reason their uh candidature has been regularized.

[00:15:53]This is with regard to those 37 + 12 + 13.

[00:15:57]>> That's correct. Mel, >> where do we get this 12?

[00:16:00]>> In the earlier we had 36 + 12 and in this Fidbit 13. The earlier Fid in the earlier >> January 26.

[00:16:12]>> Where is it?

[00:16:13]>> 13 January 26.

[00:16:14]>> Yeah, that's the earlier.

[00:16:16]>> That's correct.

[00:16:16]>> 12 teachers for upper age relaxation.

[00:16:19]That's one date.

[00:16:20]>> Okay. and 13 they say in the subsequent parath right.

[00:16:23]>> So 36 were recommended earlier.

[00:16:26]>> Yes. Plus 12 plus 13 >> 12 were also granted range relaxation recommended >> and next 13 >> 13 >> they have been recommended.

[00:16:34]>> That's right.

[00:16:34]>> So very well we take it that 61 have been recommended.

[00:16:38]>> That's right. Under the contractual staff 375 >> they do not meet the criteria.

[00:16:46]>> What's the criteria?

[00:16:47]>> RCI they don't have rci.

[00:16:50]If would have par four >> par four of my dated 13th January 26 >> 13th January >> they are not having rci or they are not having >> they don't have a t >> but all of them have rci we all are having rc others have >> been conducted >> others have not renewed their central rehabilitation register number issued by >> Rehabitation Council of India. They have not renewed their number.

[00:17:23]>> What is that?

[00:17:25]>> Once they have a qualification, they will have to get on renewed deal.

[00:17:28]>> Yes. Every every seven years that is required to be renewed. So, we are saying why >> this is a new thing which we are being told.

[00:17:35]>> No, >> after seven years they have to get it.

[00:17:37]>> Earlier it was my five years now it is seven years.

[00:17:41]>> Yes mic.

[00:17:44]>> No what they say is T has only been conducted in month of April 22. RCA RCA they say CR there's a requirement of getting it RCF was silent on that aspect but that's not a big issue RC can be renewed provided they are found to be qualified by RCI just like getting renewed >> if we say if we record your statement but first you have to show us where is that requirement paraph for for a minute in in this affidavit >> where is that requirement let us see four >> par four with regard to the contractual staff we have specifically ly mentioned it is submitted that a number of these employees do not possess the requisite education qualification including the DE qualification mandated under the applicable service rules and others have not renewed their CR number issued by the rehabilitation council of India. The screening committee is presently examining such cases in detail to take a considered and reasoned decision regarding their regularization. as what I understand is the latest affidavit that we have filed of 12th of May as the other 12 that we have 13 that we have regularized they may have renewed their CR but I'll take instruction on that I'll take instruction on that >> this is the uh disqualification in addition to that the T also is there just one minute about the renewal of CR we will uh leave it open for all the contractual teachers to get their CR >> updated >> renewed from our correct Uh and you don't fill up these post by general >> in any case 375 should be kept ear that's right >> for all the contractual teachers. uh out of 1100 we have kept it like that only 37 375 were earmarked for the contractual staff and out of 375 only we could only be able to once they have met the eligibility criteria we have been able to 36 + 12 + 13 we have filled we have regularized >> what is your explanation about this par 4 of the current affidavit two tests were held one on 15th April one on 26th April. So out of 15th April test you have approximately you have appointed >> 54 >> 54 special teachers. Now 54 special teachers they should have uh participated in the test of 26 ideally because that is a special eligibility test.

[00:20:15]>> That's correct.

[00:20:16]>> So you have you have recommended them from the first test.

[00:20:21]This is what appears from par 4.

[00:20:23]>> They're saying they're saying 15th April and special test was on 26th of April. From 15th April instruction on let us dictate the order so far as the contract. Punjab, we have the affidavit dated so and so January 26 and so and so May 2026.

[00:20:53]>> It is not in dispute that 375 within bracket contractual special teachers were in position.

[00:21:09]and that all of them have been screened by the screening committee.

[00:21:17]In terms of the recommendation of the screening committee, such contractual special teachers have been recommended for regularization in terms of the order dated 7th March 25 in three tanches of 61, 36, comma 12 and 13.

[00:21:41]The state of Punjab may proceed to regularize their service and accord them all benefits in terms of the order dated 725.

[00:21:52]It appears that it also appears that the remaining candid remaining uh contractual special teachers were not recommended for regularization owing to deficiencies namely that such teachers did not qualify the D as well as had not renewed their central rehabilitation register within bracket CR.

[00:22:21]number issued by the RCI.

[00:22:31]Mr. Malotra landed damicas submits that renewal of the CR by the RCI is a requisite condition and that those contractual special teachers who have not yet renewed such number may be granted liberty to approach the screening committee after obtaining such renewal.

[00:23:00]We find the submission to be fair and just accordingly. We grant liberty to all the contractual contractual within bracket special teachers who have not obtained renewal of CR number to approach the RCI for such renewal.

[00:23:23]We hope and trust that the RCI shall attend to the concerns expressed by such contractual specialities and renew the CR numbers in accordance with such renewal. The said contractual special teachers shall be at liberty to approach the screening committee for further verification of their credentials.

[00:23:54]We reiterate that T shall be regarded as a desirable qualification as indicated in the previous orders as well as the order passed today while dealing with the state of Oris.

[00:24:10]If such contractual special teachers are found to be elig found to be suitable in all respects, they shall also be recommended by the screening committee forization.

[00:24:22]Lordship, we have filed an application for intervention. Your lord, >> please madam just wait. We are in the midst of asking the council.

[00:24:34]>> Yes. Par five. The explanation is there.

[00:24:36]Mal the 15th April 54 candidates were formed the general test and with regard to mal 26th of April test for special teachers that result is still before the screening committee which was which is scheduled on 13th of May it's it's mentioned in par 4 m if I may be allowed >> can they appoint 54 special teachers from a general T when they have a special T exam conducted that's my query >> that's right I I'll just read Mal allow me to read Punjab puin 2 >> that's correct man 54 is from the general and with regard to 375 post mad I mentioned it at the bottom bottom of par 4 >> 54 you are saying >> pursuant to the dated 15th April >> correct mad >> 54 special teachers have cleared >> have cleared >> the >> correct mad >> now the problem is arising because of use of the word special because 154 was a general t >> that's right mad >> 26 was a special t That's right. Malice is clarified further if I may read and accordingly the recognization case has been placed before the screening committee. A meeting of screening committee was initially scheduled to be held on 5th of May for consideration of cases of the foret 54 special teachers.

[00:25:48]However, the set meeting is not scheduled to be convened on 13th May. It is further submitted in the event additional candidates are found eligible pursuant to the special teacher eligibility test conducted on 26th April, their cases shall also be placed before the screening committee for consideration of regularization in accordance with the applicable rules after approval of the honorable chief minister being competent authority for regularization against 375 post kept reserved for already serving contractual speciality of the amicus is that these 54 have not passed the special test.

[00:26:18]They have passed the general general test. How can you appoint them?

[00:26:23]If you are insisting on a TT pass then that T pass has to be test I understand I'll take I'll take clarifi I'll take I'll clarify on that point I'll clarify on that so far as the contents of paraph of the affidavit dated 12th May 2026 is concerned Mr. Malaticus has correctly pointed out that there's some anomaly which needs to be cleared by the state of Punjab. It appears that two TT two tests were held on 15th April and 26th April 2026.

[00:27:17]While the former test was is titled Punjab state teacher eligibility test the latter test is titled Punjab state teacher eligibility test within bracket special.

[00:27:37]His anxiety is that 54 special teachers who have cleared the teacher eligibility test on 15th April 2026 may not have cleared the Punjab state teacher eligibility test within bracket special council for the state being confronted with such factual position has sought for time to obtain better instructions.

[00:28:05]Let a let a status report be filed by after the partial working days.

[00:28:15]Clarifying the positions permit may >> what do you want to say?

[00:28:21]>> My lord sir I am representing those who are working since last so many years. My lord I I want to inform my lords that most of us are having that CR number.

[00:28:29]The only problem was TT and that has recently been conducted my lord.

[00:28:33]Therefore may I request my lords only one line observation that let a screening committee be constituted and those who are having rci with CR number and t they should be given appointment that's all because no no only because because t was the only problem my we all are having number so t has recently been conducted it will take my lots of time therefore only one line may who are having both let a screening committee be constituted and those who are having >> you you have filed an IIA >> myot My contempt petition is there that is 47.19.

[00:29:06]>> How many uh >> 57 petitioners >> you consider that >> 47 9 >> your your registration is valid? Yes, my lord. My rci and CR number both are valid. Only problem was with pet.

[00:29:22]>> CR number that has recently been in content petition number so and so are also granted liberty to present their credentials before the committee if they are found to be suitable for regularization appropriate. Hi.

[00:29:37]>> One thing I wanted even for this category of candidates come it will not be insisted upon as a mandatory qualification.

[00:29:50]>> One thing I wanted to point out one more thing I want to understand what is CR point >> my lord's CR number >> CR point >> my lord's CR points are basically my notes and uh examination that they are required to undergo every year for that my lord they out of years you need for that seven years you need 100 CR point >> yes my lord out of that that we are required to at least have 70% marks so we have we all are having we are all have qualified that >> one thing I wanted to point out also item 4720 some uh one important thing I wanted to point out me lords out of these 725 post as of now 310 post are vacant mess I'm appearing for 105 such candidates.

[00:30:37]>> Sir, before passing our order, you should have mentioned all these things.

[00:30:41]>> That's actually >> we have made our order. You cannot just simply barge in and start making submissions. Whatever order we have passed, let it be carried out. Come after the partial working. So far as Punjab is concerned, nothing more.

[00:30:54]>> Just a short August 2025 affidavit. What they say is just note to my friend has to file a better affidavit. What they say is total sanction post is 1093 and 360 contractual teachers. Nothing said about screening committee. Nothing said about >> because rules are yet to be framed.

[00:31:14]Malots draft rules have been sent for approval >> recruitment rules and people are working >> what they say sanction post 1093 and 360 contractor team.

[00:31:25]>> 360 are working >> with rci.

[00:31:27]>> Yes my all are rci. No screening committee form nothing very slipshot effort >> my we are actually for the finalization of rules my after that we will deal with that my lords all of us one year has gone we'll consider what whatever is falling from my lord's >> can't put some additional qualification other than the rc >> I can understand my people out of >> already rci qualified giving committee can refer them >> we are not disengaging them right now my >> maybe in terms of the order of 7th March You are under an obligation.

[00:32:00]>> Yes.

[00:32:01]>> To constitute a screening committee. Do that >> and they say that they have been working before we next assemble to take up these matters in July.

[00:32:10]>> State of state of Halana is directed to constitute the screening committee in terms of the order dated 7th March 2025.

[00:32:18]How many contractual teachers are >> 360 working for more than 10 years?

[00:32:23]>> Not in uh >> not all are working for more than 10 years. 360 contractual special teachers are in position so >> and so number of sanction post what is the number >> 1093 >> 1093 >> is >> let me make some clarity your >> ofana may invite all the contractual special teachers to appear before the screening committee on a designated date with their credentials and on verification of the credentials of such of the candidates who are found to meet the requisite eligibility criteria from instead of shall proceed to regularize their services and grant them and grant them all benefits under the order dated 7th March without insisting for yes madam what do you want to say >> your lordship uh we have filed an application for intervention in your lordship kindly >> who are you lordship I'm appearing for the applicant. Subhash Singh. He's uh he's having similar your lordship is at similar footing as the petitioner.

[00:33:35]>> Which petition?

[00:33:36]>> Rajn Pand Rajesh Pand or lordship.

[00:33:39]>> State you don't know your case matter.

[00:33:43]>> You honor I want to make a >> You're a contractual teacher.

[00:33:48]>> Yes, your lordship. Contractual teacher >> working in Punjab.

[00:33:53]>> Yes, your lordship. So we have given directions for Punjab. You appear before this training committee. Show your documents. They will verify. If you qualify, you will be appointed.

[00:34:05]>> One thing your honor, 137 are elementary teacher. Among this in Hana and 210 210 are postp teacher. All are having qualification rci registration CRN and number all are qualified. But uh Ariana government can make through these rules even dilute the order of the >> I don't know why you are arguing.

[00:34:28]>> We have already made a direction just now >> in the name of high. Yes. Yes. Yes.

[00:34:33]>> Yes.

[00:34:34]>> Chundigar next time or >> Chandigar next time >> then indicate two three more states.

[00:34:39]Chandigar Chundigar then Delhi Delhi. Ah Delhi, Chandiga Delhi will be first cha states Himachel and Tanga and Himach Bengal. No, not now.

[00:34:54]I think I should mention those state never been taken up and you just chigra.

[00:35:03]>> May I request chandiga first? We almost reached you. There is some major problem. Let us clear the problem of Delhi and then Chandig.

[00:35:12]>> Lord's permission to mention item 30 46 >> 46 today. I think both of >> this not this not this one. If the matter can be taken up post July post opportunity we sit at 10:30 eventually 1:00 2:00 4:00 my back pennies keep coming back my lords will not be able we don't find any charm in refusing lordship learned advocates request but just just we are helpless we are trying to put in as many matters in this slot so It can be heard.

[00:35:51]>> All these matters are complex matters requiring time.

[00:35:55]>> It's a short issue. It's covered by the statute. It's a false affidavit.

[00:35:59]>> Madam madam, wait till July. Wait till July. We'll have to think out something else. May give a date.

[00:36:07]>> Do not take any hearing matters. My give us that date in minutes. Leave granted or dismissed.

[00:36:12]>> My lord give a date in July. Sir, give a date in July. Stop please in July item 46. Yes Mr. >> Mud sir your lordship's indulgence maluts in item 58 I had mentioned it malots on the last date your lordships were pleased to list it today the urgency is only this malotss that all the posts are being filled up by two advertisements have already been issued my worry is malotss >> you are only two gentlemen here >> we are four malotss >> no we findra and shahu two there is no and others >> there are two slps malot If you succeed, we will direct the state to create supernumeary post.

[00:36:54]>> May I may I may I just pray for May I pray for one indulgence because >> at least fellows let those many post be kept vacant.

[00:37:01]>> Doesn't serve any purpose.

[00:37:03]>> Doesn't serve any purpose because you don't get an appointment. You don't allow somebody else to be appointed.

[00:37:08]>> Yes. So >> So my my formula is this type of orders I never pass.

[00:37:14]>> If you succeed, you will get >> Can I can I make a request?

[00:37:17]>> You will get an order of post. So >> yes I >> next request is July it will be there.

[00:37:24]>> Can can it be before can it be 46 may come next week in that will come July in fact >> July? No. What? No.