D K TRIVEDI Vs. PRESIDENT GADHDA EDUCATION TRUST

JUDGEMENT

(1.) .Heard Mr. N. N. Gandhi, learned Advocate appearing on behalf of the petitioner, Mr. Navin Pahwa, learned Advocate appearing on behalf of the respondent Nos. 1 & 2 and Mr. R. V. Desai, learned A.G.P., on behalf of the respondent No. 3 so also Mr. Deepak R. Dave for Mr. A. D.Oza on behalf of the respondent No. 4.

(2.) . In the present petition, the petitioner has challenged the order passed by the Gujarat Secondary Education Tribunal in Application No 269 of 1987 dated 4th October, 1989. The brief facts giving rise to this petition are as under :- The petitioner was working as the teacher since 6th September, 1952 in M. M. High School, Gadhada managed by the respondent Nos. 1 & 2 at the time of his appointment the school was a Government Secondary School and the petitioner continued as a Government teacher till 1971. In the year 1971, the school was transferred to private body namely Gadhada Education Trust and the petitioner was continued as protected teacher. The petitioner was having qualification of B.A.B.Ed., and S.T.C.. The petitioner was senior-most teacher in the school right from 1981 and he was working as a Supervisor in the school and he was senior-most amongst the teachers who were on the relevant time were working in different non-Government schools. The Headmaster of the school retired on 31st May, 1987. Thereafter, the petitioner was being senior-most working as in-charge Headmaster of the school. At the same time, the respondent No. 4 was working as teacher in the school upto 22nd June, 1987. The respondent No. 4 appointed as teacher from 1973-74 and he was B.Com., and thereafter, the respondent No. 4 in the year 1973-74 for further proceeding his further study of B.A. In the year 1975-76 and 1976-77 the respondent No. 4 worked at the Secondary School at Ugamedi as in-charge Headmaster, and thereafter, the respondent No. 4 appointed as the respondent No. 1 School M. M. High School, Gadhada in Higher Secondary School. According to the petitioner, the respondent No. 4 was junior to the petitioner.

(3.) . In the present petition, the question involved that by respondent school the respondent No. 4 was selected in the post of Headmaster and the petitioner was not selected by the respondent school. The respondent school has advertised the post of Headmaster in Saurashtra Samachar on 17th April, 1989, wherein applications were invited from the arts graduate eligible for the post. In pursuance of the said advertisement, the petitioner had applied for the post of head master who was qualified according to the said advertisement to the post of Headmaster on 14th May, 1987. The Selection Committee of the school took interview of five candidates present including the present petitioner. In the said selection, Rojkam was recorded regarding interview taken on 14th May, 1987 and it was stated that as there were only four candidates from the school and one outsider, fresh advertisement in a widely circulated paper should be inserted inviting applications for the post in question. Therefore, second advertisement was issued by the respondent school for the post of Headmaster, wherein qualification has been fixed as graduate having 5 years experience for the post of Headmaster. The second advertisement produced on record on page 12 at Annexure-B and a copy of the first advertisement has been produced on record on page 11 - Annexure-A. In response to the second advertisement, the respondent No. 4 had also applied to the post of Headmaster along with petitioner. The Selection Committee met on 19th June, 1987. The Selection Committee has selected the respondent No. 4 in the post of Headmaster and the petitioner was not selected, therefore, the petitioner has challenged the said non-selection of the petitioner and selection of the respondent No. 4 before the Gujarat Secondary Education Tribunal at Ahmedabad by Application No. 269 of 1987 under the provisions of the Gujarat Secondary Education Act. The tribunal has considered the contentions of the petitioner and after examining the record, ultimately come to the conclusion by order dated 4th October, 1989 rejected the said application filed by the petitioner. It is this order against which the present petition has been filed by the petitioner.