RANJANBEN RAMBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These petitions raise an important and interesting question as to whether the children residing in the area of various local authorities which came to be merged in the city limits of Ahemdabad Municipal Corporation ("Corporation" for brevity) with effect from 23.2.1986 . Earlier in the area of these local authorities consisting of 19 villages the local bodies duly constituted under the provisions of Gujarat Panchayats Act, 1963, were running Balmandirs and were giving pre primary education to the children of the respective area. As set out in the petition the said Balmandirs were run with the help of respondent no.4, Ahmedabad District Samaj Kalyan Sangh and that the financial burden was borne by the State of Gujarat. It is nothing but an irony of the situation that on getting merged in the limits of the Corporation, instead of getting better facilities for education (pre primary), the children of that area are sought to be deprived of the pre primary education on the ground that the Corporation is not willing to run Balmandirs in question, meaning thereby the Corporation is not willing to discharge its Constitutional duty.

(2.) Both these petitions have a little chequered history inasmuch as Special Civil Application No.2262 of 1986 came to be filed by one, Smt. Ranajanben Rambhai Patel as the President, Ahemdabad District Pre Primary Teachers' Union (Parishad). It is set out in paras 1 to 5 of the said petition that in the area of 19 villages, Balmandirs were run and that the members of the petitioner union were appointed by respondent no.4, Sangh under the rules framed by the State of Gujarat, respondent no.1 herein, which were published on 5.6.1978 providing for recognition of the Balmandirs and giving of grant to such Balmandirs. It is also set out in para 5 of the petition that respondent no.1 had also decided the pay scales of the trained and untrained teachers, who are engaged in the activities of kindergarten institutions with effect from1.4.1981 as per the recommendations of Sarela Pay Commission by its Resolution No.PPS 1070/ 70347/ 78, Annexure 'D' to the petition.

(3.) It is further set out in the said petition that consequent on the merger of the areas of those 19 villages in the limits of the city of Ahmedabad under the relevant provisions of the Bombay Provincial Municipal Corporations Act, 1949 ("BPMC Act" for brevity), it is the duty of the Municipal Corporation to provide for pre primary education. It is also set out in para 8 of the petition that the Corporation is running similar other Balmandirs in the area other than the presently included areas of those villages. It is also set out in the same para that the Balmandirs in question were run in the buildings situated in the certain villages were constructed by the Gram Panchayats with the help and grant from the District Panchayat and State Govt., while in some of the villages, they were on rental basis and after inclusion of the area of the respective villages, the properties in question have vested in the Municipal Corporation. It is also set out in the petition that on an earlier, similar occasion of inclusion of the area of Dani Limda in the city limits of Corporation, the Balmandirs run in that area were taken over by the Corporation.