2025:UHC:3508 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS No.1592 of 2021 Hon’ble Rakesh Thapliyal, J. 1. Ms. Devika Tiwari, learned legal aid counsel for the petitioners. 2. Mr. Tarun Lakhera and Mr. Sachin Mehta, learned Brief Holders for the State. 3. Mr. Rajesh Sharma, learned Deputy S.G. 4. Earlier on 28.12.2023, this Court, in this petition, passed the following order:- 3. Learned State Counsel informs to this Court that a decision has been taken to engage remaining 18 new Special Educators and the approval has been accorded to engage through Outsourcing. 4. This decision appears to be arbitrary keeping in view the fact that the present petitioners were serving since 2011 to 2014 under Sarva Shiksha Abhiyan though through Outsourcing. The question is if these petitioners are available, who are experienced one and each of them have rendered the services from 2011 to 2014, then why, for recruiting new 18 Special Educators, a decision has been taken to recruit through Outsourcing. 5. Such a decision is neither in the interest of the institution nor in the interest of the petitioners, who have rendered almost three years service under SSA (Sarva Shiksha Abhiyan) Scheme to educate the children with disabilities. Therefore, the respondents are directed to engage first the petitioners against these 18 New Special Educator after taking into consideration that they are experienced one to educate the children with disabilities under SSA (Sarva Shiksha Abhiyan) Scheme, and if still the posts are vacant, then the respondents may 2025:UHC:3508 consider to fill up the same through Outsourcing, but the first preference will go to those, who are experienced. 6. Put up this matter on 11.01.2024, immediately after fresh. On that day, the State Counsel may inform to this Court about the exercise, as done by the respondents in order to give preference to those, who are experienced and earlier engaged as Special Educator through outsourcing but under SSA (Sarva Shiksha Abhiyan) Scheme and are experienced one. 5. Against the aforesaid order dated 28.12.2023, the State went in Special Appeal before the Division Bench by means of Special Appeal No.190 of 2024 and the Special Appeal was disposed of finally on 14.08.2024 by modifying the order dated 28.12.2023 to the extent that the State will give preference to the petitioners who have rendered almost three years’ service under the Scheme known as “Sarva Shiksha Abhiyan (SSA)” to educate the children with disabilities against the 18 new special educators keeping in view of their experiences. 6. Learned counsel for the petitioners on the previous date apprise to this Court that no preference is being given to the petitioners despite the order passed by the Division Bench dated 14.08.2024. On this, the respondent No.2 was directed to join the proceeding through V.C., and, today, the respondent No.2 join the proceeding and apprise to this Court that in order to comply the order passed by the Division Bench dated 14.08.2024, the State Government issued a Government Order dated 30.03.2025, wherein a provision has been made to give the preference to the petitioners. 7. The Director further apprise to this Court that the recruitment is still going on and in view of the Government order dated 30.03.2025, the preference shall be given to these petitioners in the light of the direction 2025:UHC:3508 passed by the Division Bench. 8. Since today the respondent No.2 undertakes in view of the Government Order dated 30.03.2025 that the preference will be given to these petitioners on their experiences, therefore, there is no useful purpose to keep this petition pending. 9. In view of the undertaking as given by the Director-respondent, the instant writ petition is disposed of finally with the direction that the respondents, while concluding the selection process, shall strictly comply the order passed by the Division Bench dated 14.08.2024. (Rakesh Thapliyal, J.) 05.05.2025 R.Bisht 2025:UHC:3508