SURESHBHAI SOMABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petitions are filed by the petitioners claiming to be eligible for appointment as teachers in primary and secondary schools on the basis of possessing the certificate of Physical Education (C.P. Ed.). It is the case of the petitioners that because they have obtained that C.P. Ed. qualification from Bharatiya Sharirik Prashikshan Mahavidyalaya, Amravati run by Hanuman Vyayamshala Prasarak Mandal, Amravati, which is not recognised for the purpose of appointment in the schools of Gujarat State. That the authorities did not consider them eligible for being continued as teachers.

(2.) It is the case of the petitioners that they have passed SSC examination and after that they completed ATD course and then they joined the aforesaid institution for C.P.Ed., which is a recognised school for the purpose of conducting C.P.Ed. course by the Director of Sports & Youth Service, Maharashtra State. The petitioners have obtained C.P.Ed qualification from Bharatiya Sharirik Prashikshan Maha Vidyalaya, Amravati in the year 1988. As the schools in Gujarat were in need of teachers in the subject of Physical Education, the petitioners applied for such posts and on the basis of their qualification of SSC, ATD, C.P.Ed. after appearing for selection were selected and were given appointment in the year 1988. It is the case of the petitioners that respective schools submitted their pay bills for salary under 'direct payment scheme' to the Education Department. The Department did not approve their appointment on the ground that C.P.Ed. qualification possessed by the petitioners is not from a recognised institution. As the State of Gujarat has not recognised that institution the petitioners approached the Gujarat Secondary Education Tribunal by filing various applications. So far as Special Civil Application No.2969 of 1991 is concerned, the petitioner had filed an application bearing No.523 of 1989 before the Tribunal challenging the action of the respondents of withholding the salary of the petitioner. It is the case of the petitioner in Special Civil Application No.2969 of 1991 that the Tribunal has partly allowed the application of the petitioner and directed the opponents to pay salary to the petitioner with effect from the date of his appointment, i.e. 1.7.1989 till 31.1.1990. The Tribunal was also pleased to direct that salary of the petitioners for the aforesaid period shall be held admissible for the purpose of grant, but for the subsequent period the Tribunal held that on the basis of the Circular issued by the Govt. to the effect that the teacher who has completed C.P.Ed. from Bharatiya Sharirik Prashikshan Mahavidyalaya, Amravati shall not be considered for the post of teacher in the State of Gujarat and directed the school management not to pay salary to the petitioners which shall not be admissible for the purpose of grant as per the Circular issued by the Govt. Being aggrieved of that judgement and order of the Tribunal that the present Special Civil Application No.2969 of 1991 is preferred which is heard along with other cognate matters.

(3.) In this petition (Special Civil Application No.2969 of 1991), the Govt. Circulars dated 29.12.1980 and 25.9.1989 are challenged. The petitioner has set out in the petition that the State of Gujarat is exercising control and regulating on the process of appointment as also the qualifications for the teachers to be appointed in the primary schools run under District School Board, Municipal School Board or Panchayats and also by private bodies. Respondent no.2, Director of Education is the officer in charge of administration of primary as well as secondary schools. It is also set out in the petition that Physical Education is taught as a compulsory subject in primary schools as well as secondary schools and therefore, the schools are required to recruit teachers possessing requisite qualifications for imparting instructions in the subject of physical education. The requisite qualifications for recruitment of Physical Education teachers have been laid down as far as the primary schools are concerned by the recruitment rules issued by the Panchayat and Health Department of the State of Gujarat. As it is provided in the rules, a person is to possess qualification of SSC and Certificate course in Physical Education. It is further stated in the petition that in the year 1978, statutory regulations were framed under the Secondary Education Act, 1972 and as per Regulation 20(8), SSC, C.P. Ed. is the required qualification for being appointed as a trained Physical Education Teacher. For ready perusal said Regulation 20(8) is reproduced hereinbelow :