Kranti Education Society Vs the Government of India

M/s. KRANTI EDUCATION SOCIETY, (Regd.No.972/92) rep. by its Secretary, K.Md. Jakeer Hussain, S/o. K.Md. Shareef, Aged about 55 years, R/o.Vijaya Nagar Colony, Atmakur Road, Velugode Nandyal District, Andhra Pradesh. ...Petitioner

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AND

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The Government of India, rep. by its Secretary, Ministry of Education, Department of School Education and Literacy (RMSA Sec.1) Sasthri Bhavan, New Delhi-110 115. 2. The Joint Secretary Ministry of Human Resource Development,^School Education/Literacy (RMSA.I) (Rashtriya Madhyamik Shiksha Abhiyan), Sasthri Bhavan, Govt, of India, New Delhi. 3. The Director lEDSS, Ministry of Human Resource Development Department of School Education and Literacy (RMSA.I) Sasthri Bhavan, New Delhi. 4. The State of Andhra Pradesh, rep. by its Principal Secretary, School Education, Secretariat, Velagapudi, Amaravati. 5. The Commissioner of School Education and State rep.by its Project Director (RMSA) Patamata, Vijayawada.

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The Director, School Education of Andhra Pradesh, Vijayawada.

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The State Project Director, Samagrasiksha Abyan.

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...Respondents

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue appropriate writ order or direction more particularly a Writ of Mandamus declaring the action of the respondents in not releasing the pending salaries for the years of 2012-13, 2013-14 and 2015-16 to the Special Education Teachers worked in the Kranthi Education Society, Velugodu, Nandyala District and Giddaluru, Prakasam District, totaling an amount of Rs. 2,07,00,000/- (Rupees Two Crores Seven Lakhs only) to the petitioner organization in pursuance of the recommendations made by the respondents 4 and 5, to the respondent 1 to 3 who failed to pay the same as illegal, arbitrary and violative of right to life and liberty as envisaged under Art.21 of the Constitution of India and consequently direct the respondents 1 to 3 to release the same forthwith.

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lA NO: 1 OF 2025

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to consider the representation of the petitioner dated 12.12.2024 and pay the salaries of the Special Education Teachers for the period 2012-13, 2013-14 and 2015-16 pending disposal of the writ petition. Counsel for the Petitioner: SRI M S R CHANDRA MURTHY

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Counsel for the Respondent No.1: M/s. ENKEKALUVA ANJANA REDDY

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(CENTRAL GOVT COUNSEL) (N.P) Counsel for the Respondents 2 & 3: M/s. REVANURU SUDHA RANI (SC FOR SAMAGRA SHIKSHA) (N.P) Counsel for the Respondents 4 to 7: GP FOR SCHOOL EDUCATION The Court made the following order:

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APHC010192622025

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

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[3327]

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WEDNESDAY, THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY

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WRIT PETITION NO: 9988/2025

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Between:

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1.KRANTI EDUCATION SOCIETY, (REGD.NO.972/92) REP. BY^ITS SECRETARY, K.MD. JAKEER HUSSAIN, S/0. K.MD. SHAREEF, AGED ABOUT 55 YEARS, R/O.VIJAYA NAGAR COLONY, ATMAKUR ROAD, VELUGODE NANDYAL DISTRICT, ANDHRA PRADESH.

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...PETITIONER

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AND

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1.THE GOVERNMENT OF INDIA, REP. BY ITS SECRETARY, MINISTRY OF EDUCATION, DEPARTMENT OF SCHOOL EDUCATION AND LITERACY (RMSA SEC.1) SASTHRI BHAVAN, NEW DELHI-110 1-15.

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2.THE JOINT SECRETARY MINISTRY OF HUMAN RESOURCE DEVELOPMENT, SCHOOL EDUCATION/LITERACY (RMSA.I) (RASHTRIYA MADHYAMIK SHIKSHA ABHIYAN), SASTHRI BHAVAN, GOVT, OF INDIA, NEW DELHI.

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3.THE DIRECTOR LEDSS, MINISTRY OF HUMAN RESOURCE DEVELOPMENT DEPARTMENT OF SCHOOL EDUCATION AND LITERACY (RMSA.I) SASTHRI BHAVAN, NEW DELHI.

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4.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, SCHOOL EDUCATION, SECRETARIAT, VELAGAPUDI, AMARAVATI.

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2

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SRK,J W.P.No.9988 of 2025

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5.THE COMMISSIONER OF SCHOOL EDUCATION AND STATE, REP.BY ITS PROJECT DIRECTOR(RMSA) PATAMATA, VIJAYAWADA.

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6.THE DIRECTOR, SCHOOL EDUCATION OF ANDHRA PRADESH, VIJAYAWADA.

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7.THE STATE PROJECT DIRECTOR, SAMAGRASIKSHA ABYAN.

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...RESPONDENT(S):

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased tomaybe pleased to issue appropriate writ^{orderordirection} more particularly a Writ of Mandamus declaring the action of the respondents in not releasing the pending salaries for the years of 2012-13, 2013-14 and 2015-16 to the Special Education Teachers worked in the Kranthi Education Society, Velugodu, Nandyala District and Giddaluru, Prakasam District, totaling an amount of Rs. ^•,07,00,000/- (Rupees Two Crores Seven Lakhs only) to the petitioner organization in pursuance of the recommendations made by the respondents 4 and 5, to the respondent 1 to 3 who failed to pay the same as illegal, arbitrary and violative of right to life and liberty as envisaged under Art.21 of the Constitution^ofIndia and consequently direct the respondents 1 to 3 to release the same forthwith and pass such

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lA NO: 1 OF 2025

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Petition under Section 151 CPC praying that in the^{circumstances} stated in the affidavit filed in support of the petition, the High Court may be pleased

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Counsel for the Petitioner:

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M S R CHANDRA MURTHY

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Counsel for the Respondent(S):

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1.REVANURU SUDHA RANI (SC FOR SAMAGRA SHIKSHA)

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2.GP FOR SCHOOL EDUCATION

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3.ENKEKALUVA ANJANA REDDY(CENTRAL GOVT COUNSEL)

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The Court made the following:

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3

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SRK,J W.P.No.9988 of 2025

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THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY

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WRIT PETITION No.9988 of 2025

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ORDER:

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This Writ Petition has been filed seeking to declare^theactionof respondents in not releasing the pending salaries for the years 2012-13, 2013-14 and 2015-16 to the Special Education Teachers,^worked in petitioner society, inspite of recommendations made by the respondents 4 and 5 to the respondents 1 to 3, as illegal and arbitrary.

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Case of the petitioner is that the petitioner is a registered Education Society vide’-registered No.972/1992. The objective of the society is to provide education to the students (Children with special needs). The petitioner educational society provided^education to the disabled students from 1998-99 to 2015-16. The respondent^authorities paid the salaries to the teachers for the years 2011 -12 and 2014-15, but did not pay the salaries for the years 2012-13, 2013-14^and2015-16.

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Heard the learned counsel for petitioner and the learned Assistant Government Pleader for School Education appearing for respondents 4 to 7. There is no representation for respondents 1 to 3.

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On a perusal of the material on record goes to show^thatthe Government of India introduced Centrally Sponsored Scheme (CSS) of Inclusive Education for the Disabled Children (lEDC) in the year 1988. The objective of the Scheme is as follows:

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4

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SRKJ W.P.No.9988 of 2025

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“To provide educational opportunities for children^with disabilities in general schools, to facilitate their retention in the school system. It provides for facilities to students with disabilities including expenses on books and stationery, expenses on uniforms, transport^allowance, reader allowance, escort allowance, hostel accommodation and actual costs of equipment. The scheme also supports the appointment of special teachers, provision for resource^roomsand removal of architectural barriers in schools”.

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Though education has been provided to the physically^disabled students from 1998-99 to 2015-16, the respondents have not paid the salaries to the teachers worked in the petitioner organization^forthe period of three years. In connection with that, the petitioner herein also made a representation dated 12.12.2024 to respondent herein, but no orders have been passed on the said representation.

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7^*^ respondent filed his counter affidavit stating that they addressed a representation to 1®‘ respondent seeking release of pending payment of salaries of the Special Educators^totheNGOsfor the years 2012-13, 2013-14 and 2015-16 and till date, there is no response from the respondents 1 to 3, and the matter is pending consideration before the competent authority. Despite^{thefactthatthe} respondent No.7 and the petitioner society made representations^tothe respondents 1 to 3, there is no response, that has been received by the petitioner. In view of the above said facts and circumstances^ofthe case, this Court directs the respondents 1 to 3 to consider the representation made by the petitioner herein dated 12.12.2024 and

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5

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SKKJ W.P.N0.993S of 202S

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pass appropriate orders within a period of eight (08)^weeksfromthe date of receipt of copy of this order.

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Accordingly, the Writ Petition is disposed of. There shall be no

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order as to costs.

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As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition, shall stand closed.

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Sd/- K. TATA RAO DEPUTY REGISTRAR

//TRUE COPY//

SECTIoSoFFICER

To,

The Secretary, Ministry of Education, Department of School Education and Literacy (RMSA Sec.1), Government of India, Sasthri Bhavan, New Delhi-110 115.

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The Joint Secretary, Ministry of Human Resource Development, School Education/Literacy (RMSA.I), (Rashtriya Madhyamik Shiksha Abhiyan), Sasthri Bhavan, Govt, of India, New Delhi.

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