DAKSHABEN L PANDYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is a unique type of case in which an advertisement was published for selection of teachers on 29th September, 1986. On the basis of the Government Resolution dated 31st May, 1965 wherein special subject teachers i.e. Hindi, Drawing and Physical Training were required to be appointed to the extent of 15%. By the Government Resolution dated 22nd October, 1970, the stitching or needle teachers (tailoring) were also included by way of amendment in the Government Resolution dated 31st May, 1965 as special subject teacher. On the basis of the Government Resolution dated 7th August, 1987 special subject teachers such as sewing teachers, Hindi teacher, music teacher, physical training teachers were required to be appointed in 15% ratio. After completing 15% quota of special subject teachers, if any post remains vacant, then the ratio was extended upto 20% of the total requirement and the candidates covered by 15% to 20% are termed as untrained teachers. By the advertisement, applications were invited from candidates for the selection of teachers having the qualifications mentioned therein including item no. 4 : SSC/TC/TCWCG. Various candidates applied. Interview call letters were issued on 10th December, 1986 to the candidates. After some selection procedure was adopted and a selection list of 77 candidates was prepared and intimation was sent by the District Primary Education Officer to all the candidates that they have been selected, by a leter dated 10th December, 1986. The District Primary Education Officer, wrote a letter to the Director of Education vide letter dated 8th December, 1986 for approval of the select list of 77 candidates and for the appointment of those 77 TCWCG candidates. While, the approval was pending, the District Primary Education Committee issued another advertisement on 12th September, 1987 for the PTC training teachers. By an order dated 19th December, 1991, the Government of Gujarat issued orders to the Director of Primary Education that the proposal of D.P.E. O. for the approval has been accorded and also directed to appoint 77 candidates including the petitioners. By that time, the petitioners had already filed the present petition in this Court. It was also required to be mentioned in their appointment letter that their appointment letter will be subject to the result of the petition pending in the High Court. Inspite of the approval by the Government of Gujarat, 77 candidates including the petitioners were not appointed. Though the petitioners have agitated their claim by filing this petition from the year 1987, when the second list prusuant to the advertisement dated 12.9.1987 was about to be prepared. The main cause of non-appointment of 77 candidates including the petitioners was the result of mischevious conduct of the District Primary Education Officer inspite of the directions of Government of Gujarat and the Director of Primary Education.

(2.) This petition has therefore, been filed by 45 selected candidates, lateron 6 candidates have also been joined in the petition, for a direction to the respondent authorities to appoint 77 candidates including the petitioners and till the expiry of the select list, the list prepared pursuant to the advertisement dated 12th September, 1987 be not given an effect in appointing the candidates selected pursuant to the advertisement dated 12.9.87 and for a direction to the respondent authorities not to proceed with the selection procedure pursuant to the advertisement dated 12.9.87 when the first select list prepared pursuant to the advertisement dated 29th September, 1986 was already in existence.

(3.) It is stated that by the Government Resolution dated 31st May, 1965, the percentage of special subject teacher was fixed to the extent of only 15% and special subject were to be treated Hindi, Drawing and Physical Training. Such requirement of ratio was to be fixed by the Education Committee as per requirements. The separate qualifications were also prescribed for Hindi subject teacher, drawing teacher, physical training teacher and tailoring teacher. It is also mentioned that subject teachers will be deemed to be equivalent to the junior PTC teachers and they will be paid as Junior Primary Teacher (JPCT). By the Government Resolution dated 22nd October, 1970 the subject teacher for stitching course (tailoring) was also included in para-2, Item No. 3 after physical training as Needle, Craft teacher. By the Government resolution dated 7th August, 1986 it was noticed by the Government that the qualified PTC candidates for PTC teachers are not available for the appointment in the tribal areas of the District either they are not available or they are not joining and reporting to be present after their appointment. It was considered that in such cases, the education of the children should not suffer adversely. Therefore, the Government has carefully taken cautious considerations and decided as per the requirement of Rules, that if PTC trained candidates are not available, other candidates should be recruited subject to the condition of availibility of PTC trained candidates. The subject teachers were required to be appointed to the extent of 15% and if there is some more requirement and the explanation in the Rules requires, there should be change in the ratio of seniority, maximum upto 20% of the requirement. It is also mentioned in the Resolution that the candidates covered by 15% to 20%, they must be having qualification of S.S.C. and they will be treated as untrained and they were required to obtain PTC training at their own expenses and thereafter they will be treated as trained teachers. In the last, it is also mentioned that after making appointment as per existing Recruitment Rules, the remaining posts will be filled up in accordance with the aforesaid relaxation of age and qualification with prior approval of the Government, if necessary. The District Primary Education Committee issued an advertisement on 29th September, 1986. Several candidtes applied for appointment and after selection procedure, a select list of 77 candidates was prepared and those persons are also having the qualification of SSC/TCWCG. Though there was no need for getting the approval of the State Government as they are required to be appointed against 15% quota earmarked for special subject teacher. Still however, the District Primary Education Officer required the approval of the Government and sent a letter to the Director of Primary Education for appointment of 77 TCWCG candidates vide letter dated 8.12.1986. The Government of Gujarat issued orders to the Primary Education Officer on 19.12.1991 according approval of the select list and directed for the appointment of 77 candidates as the writ petition filed by the petitioners is pending in the High Court. Hence, it was also directed that the appointment be made subject to the result of the petition pending in the High Court. The District Primary Education Officer of the Panchmahals district was not interested in making the appointment of the select list. Hence, in order to avoid appointment of 77 candidates, he wrote a leter to the Director of Primary Education by his letter dated 16.1.1992 seeking guidance on the following points.