JAYANTIGAR S GOSAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Petitioner, making a grievance that there is a denial of grade of trained teachers as per Desai Pay Commission recommendations, has approached this Court by filing a petition under Article 226 of the Constitution of India. Petitioner is also contending that grade of untrained teacher on the ground that the teacher is not trained is against the constitutional mandate of "equal pay for equal work", and is discriminatory.

(2.) The petitioner has stated that he is possessing higher qualifications, viz., B.A. and G.B.T.C. According to the petitioner, G.B.T.C. is a qualification prescribed for imparting training to P.T.C. students. The P.T.C. students after qualifying are considered as trained teachers for imparting education to students attending primary schools. Before the learned single Judge, at the time of hearing on 2.5.1998, it was contended that several Judges of this Court have taken a view that the qualification of B.A., B.Ed. is higher than that of P.T.C. and the teachers, possessing such qualifications, cannot be treated as untrained primary teachers. The Government relaxed the condition in respect of primary teachers appointed prior to 1st January, 1977, and teachers, possessing B.Ed. qualification, were deemed to be trained teachers and were permitted to draw pay in the scale applicable to the trained primary teachers. View has been taken that the teachers appointed even after 1st January, 1977 should be given the same treatment as teachers appointed prior to 1st January, 1977. While disagreeing with the views, the learned single Judge has referred the matter to the Division Bench for the reasons recorded in the order, which are as under :-

(3.) A person having . a position to teach the student better, who has just started attending the school, - is the main question. Mr.Oza, learned Government Pleader referred to a book, entitled "Principles and Practices of Teacher Education", by R.S. Reddy, wherein the Author has observed :-