HIMATSINH DOLATSINH BARAIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Arguments in all these 4 matters were heard on 18 -1 -2001. The order was kept C.A.V The learned Counsel for the petitioner was given liberty if he so desires to file written submissions together with authorities on which he desires to place reliance within a week. More than one more week has already passed, he has not filed written arguments till date.

(2.) All these 4 matters proceed on same facts and grounds and are taken up for hearing together and are decided under this common order. SCA No. 8052 of 2000 :

(3.) All these matters have come up for hearing on 16 -10 -2000. On this date this Court after hearing learned Counsel for the parties, the Director of Education (Primary), Old Sachivalaya, Gandhinagar is directed to remain personally present in the Court on 18 -10 -2000 to make statement whether the Circular of the Government dated 29 -12 -1980 still holds the field or not. On 18 -10 -2000 this Court has given direction to the State of Gujarat to file affidavit of the officer not below rank of Director of Primary Education to state how many candidates have been given appointment in the different district panchayats as Vidhya Sahayaks who obtained certificates of Physical Education from the state of Maharashtra and which is as per the case of the respondents is not recognised certificate. The Director has been directed to state on affidavit what action has been taken against those officers who have given the appointment to these candidates as Vidhya Sahayaks possessing C.P.Ed., Maharashtra State. On 14 -11 -2000 Mr. R. K. Chaudhary, Director of Primary Education, Government of Gujarat, Gandhinagar filed affidavit -in -reply and in para 4 thereof he has given out the facts that six candidates who have obtained certificate of Physical Education from Hanuman Vyayam Pracharak Mandal, Amravati (Maharashtra) were appointed as Vidhya Sahayaks in District of Valsad. 2, 10, 3, 10, 4, 3 and 3 candidates were appointed as Vidhya Sahayaks who obtained C.P.Ed. from the Director of Sports and Youth Services, Maharashtra, Pune in the districts of Rajkot, Valsad, Dang, Jamnagar, Junagadh, Kutch and Navsari respectively. In para 5 of the reply -affidavit the Director stated that the services of Hunuman Vyayam Pracharak Mandal, Amravati, Maharashtra State in Valsad district total number of Vidhya Sahayaks (C.P.Ed.) are six and to all the Govt. has issued termination notices and the other who are having the C.P.Ed. certificates from Director of Sports and Youth Services of Maharashtra State, Pune, the total numbers are 35. The Government has given direction to the concerned Primary Education Officers to terminate the services of Vidhya Sahayaks having the qualifications of C.P.Ed. from State of Maharashtra. He further stated that Government has also issued notices to District Primary Education Officers to take necessary action so far a the Vidhya Sahayak's appointment is concerned and also the Government has issued show -cause notice to the concerned District Primary Education Officer for taking necessary actions against them for appointing unqualified Vidhya Sahayak (C.P.Ed.)