A.M.KHANWILKAR, J. - (1.) These petitions under Article 32 of the Constitution of India are filed in representative capacity, to espouse the cause of teachers having B.Ed. (Special) and D.Ed. (Special) degree/diploma courses and fully trained to cater to the requirements of Children/Child with Special Needs for short,("CwSN") also known as Divyang, including to impart them education and make them independent. The thrust of the grievance in the writ petition(s) is about the illegality being committed by the concerned State and its Authorities in employing them in recognised schools on contract basis without any certainty of tenure . According to the petitioners, there is a need to appoint 73,888 special teachers on regular basis to teach 3,69,443 CwSN in the State of Uttar Pradesh and equally large number in the State of Punjab so as to fulfil the required pupil­teacher ratio i.e., 5:1.
(2.) It is urged that despite knocking doors of the concerned Authorities repeatedly, no heed has been given to their demands and most of them have been appointed on contractual basis in different schools. This is despite the obligation of the State to ensure that pupil­teacher ratio is maintained in the recognized schools, by appointing adequate number of trained teachers on regular post. The principal reliefs prayed in Writ Petition (Civil) No.132 of 2016 are as follows: "(a) Issue a writ, order or direction in the nature of mandamus, commanding the respondents to ensure the free and compulsory education to each and every CWSN (Child with Special Need)/Disabled Children as per the Rules, Regulation and Schemes stated above by initiating the process of appointment of Special Teachers as per the Teacher­Pupil ratio i.e. 1:5; and/or (b) Issue a writ, order or direction in the nature of Mandamus, commanding the respondents to reserve and create, at least (sic) two posts or minimum number of posts in each and every schools of the Country/State, as this Hon 'ble Court may deem fit in the interest of complete justice for CWSN (Child with Special Need)/Disabled Children; and/or (c) Issue a writ, order or direction in the nature of Mandamus, commanding the respondents to reserve a minimum number of posts which this Hon 'ble Court may deem fit, in every pending vacancy and future vacancies of the teachers, in the schools of aided by State Government as well as Central Government; and/or, .. ..." Similarly, the reliefs claimed in Writ Petition (Civil) No.876 of 2017, are as follows: "(a) Issue a writ, order or direction in the nature of mandamus, commanding the respondents to ensure the free and compulsory education to each and every CWSN (Child with Special Need)/Disabled Children as per the Rules, Regulation and Schemes stated above by initiating the process of appointment of Special Teachers as per the Teacher­Pupil ratio i.e. 1:5; and/or, (b) Issue a writ, order or direction in the nature of Mandamus, commanding the respondents to reserve and create, atleast two posts or minimum number of posts in each and every schools of the Country/State, as this Hon 'ble Court may deem fit in the interest of complete justice for CWSN (Child with Special Need)/Disabled Children; and/or, (c) Issue a writ, order or direction in the nature of Mandamus, directing the respondents to create and appoint 18053 Special Teachers for class I to V and 1478 Special Teachers for class IX to XII immediately as they are required to teach disabled children in the Schools of Punjab particularly under the circumstances, till date not even a single special teacher has been appointed in the schools of State of Punjab to teach physically disabled children/Child with Special Need (CWSN). (d) Issue a writ, order or direction in the nature of Mandamus, commanding the respondents to reserve a minimum number of posts which this Hon 'ble Court may deem fit, in every pending vacancy and future vacancies of the teachers, in the schools of aided by State Government as well as Central Government; and/or, (e) Issue an interim order and direction, commanding the Respondents to use and utilise the skill and eligibility of the writ petitioners, having requisite training and certificate from the Rehabilitation Council of India, in the welfare and justice of enrolled CWSN (Child with Special Need)/Disabled Children, stated above, and/or; (f) Grant any other consequential relief admissible under law, in the facts and circumstances of the case and in the interest of justice." (emphasis supplied)
(3.) This Court issued notice to the respondents on 8.3.2016 only in reference to prayer clauses (a) and (b) of Writ Petition (Civil) No.132 of 2016, reproduced above. As the matter proceeded further, on 14.7.2017, the Court noted thus: "Mr. D.K. Singh, learned Additional Advocate General for the State of Uttar Pradesh prays for four weeks time to file the counter affidavit. At this juncture, Mr. K. Parameshwar, learned counsel appearing for the petitioners submitted that it is the obligation of the State to conduct a survey with regard to the children with special needs. As we are granting time to the State to file the counter affidavit, it shall carry out the survey with regard to the children with special needs as far as practicable and put forth the same as a part of the counter affidavit. To explicate, if the State is not in a position to do it for the entire State, at least it may do for one of the Commissionerate to start with. Let the matter be listed on 21.8.2017.";