PATEL JITENDRAKUMAR KANTILAL Vs. DISTRICT PRIMARY EDUCATION OFFICER

JUDGEMENT

(1.) Out of these 36 Letters Patent Appeals, 34 Letters Patent Appeals are directed against the common orders dated 21st April 2001 passed in Special Civil Applications Nos.13113/2000, 13120/2000, 13115/2000. 426/2001, 427/2001, 424/2001, 13116/2000, 717/2001, 13119/2000, 13121/2000, 13117/2000, 13118/2000, 13114/2000, 130034/2000, 425/2001, 12232/2000, 12416/2000, 12233/2000, 12420/2000, 12415/2000, 12234/2000, 12419/2000, 12486/2000, 12321/2000, 12417/2000, 12418/2000, 12423/2000, 12214/2000, 12424/2000, 13032/2000,13242/2000, 12489/2000, 12516/2000 and 12641/2000 and two Letters Patent Appeals Nos.428/2001 and 439/2000 are directed against the common order dated 19th April 2001 whereby the Special Civil Applications Nos.12877/2000 and 12853/2000 were decided. Whereas all these Letters Patent Appeals arise out of the common orders as aforesaid and we find that common questions arise for our consideration based on identical facts, we propose to decide all these 36 Letters Patent Appeals by this common judgment and order as under:

(2.) The appellants (original petitioners) in Letters Patent Appeals Nos.366 to 380 of 2001 had obtained educational qualification of Certificate in Physical Education (C.P.Ed.) prior to 1993 from the Institutions in Maharashtra State, namely, Bharatiya Sharirik Shikshan Mahavidyalaya run by Hanuman Vyayam Prasarak Mandal, at Amravati, Dr.Babasaheb Nandurkar College of Physical Education, Yavatmal and Wardha. These candidates applied in response to the advertisement issued on 11th Nov.1999 for recruitment to the post of Vidya Sahayaks in the District Panchayat, Jamnagar. The appellants applied in response to the said advertisement on the basis of the qualification as aforesaid, they were selected for appointment as Vidya Sahayaks and were given appointment as Vidya Sahayaks in the year 1999-2000. While they were working as such, they were subjected to the show cause notices on different dates and after the show cause notices, their services were terminated on different dates as per the details furnished by them in respective cases.

(3.) Similarly, the appellants in Letters Patent Appeals Nos.381 to 391, 478 to 480 and 482 of 2001 had also obtained the qualification of C.P.Ed. from Bharatiya Sharirik Shikshan Mahavidyalaya, run by Hanuman Vyayam Prasarak Mandal, at Amravati and Yavatmal, Maharashtra prior to 1993 and had also applied for appointment as Vidya Sahayaks in the year 1999-2000 in the District Panchayat, Valsad and they were appointed on different dates in the year 1999-2000. They were also subjected to the show cause notices dated 15th Nov.2000 and thereafter they were terminated on 4th Dec.2000.