SAMEEN BANU MAKRANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) A few relevant facts need be noticed in order to appreciate the questions raised in this group of appeals being Letters Patent Appeals Nos. 208 to 216 and 218 222 and 232 all of 1980 and No. 53 of 1981.

(2.) The dispute centres round the impugned order of the Director of Education of the Government of Gujarat being No. Training-Admission 9 1/11/1980 cancelling the earlier orders of the same authority dated 29/08/ 19/09/1980 /09/ 17 1980 September 22 19/10/1980 /10/ 3 1980 and Octo 9/10/1980 which directed the different teachers training schools Government as well as private in the State of Gujarat to admit all the 430 candidates named therein out of which some are appellants before us in this group of appeals and about 44 are arrayed as respondents No. 3 to 47 in Letters Patent Appeal No. 209 of 1980 and the others are the petitioners in the various Civil Applications preferred by them for being joined as parties. The impugned order was required to be made in the following circumstances:

(3.) Since the Primary Teachers Training Course (hereinafter referred to as the PTC) provides openings in primary schools in the State as well as outside the State it attracts a very large number of students who can take this short course of about two years after the passing the Secondary School Certificate (hereinafter referred to as the SSC ) Examination so as to qualify them as trained teachers eligible for being appointed as Primary Teachers in the various schools in the State. The Director of Education has provided a broad guideline to regulate the method and manner of admission and other incidental matters connected therewith in view of the large number of aspiring candidates who were we are told as many as 36000 in the last academic year while the number of seats if provided according to the State directive to admit 20 students more in each class of 40 in that behalf is only 7000 though these directions were issued by the Director on his own without the concerned institutes seeking permission in that behalf. Broadly stated the salient features of the guideline issued by the State Government as contained in the Government Resolution in Education Department of 28/04/1980 ares inter alia as under: (1) Each institution will have two classes for each years course and each class will have not more than 40 seats. (2) Out of 40 seats the following shall be the reserved seats: