N M PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) . By filing instant petition under Article 226 of the Constitution, the petitioners have prayed to issue an appropriate writ, order or direction to quash communication dated 30/03/1992, addressed by the State Government to the Gujarat Secondary Education Board ("the Board" for short) directing the Board to nominate the District Education Officer or a Gazetted Officer authorized by him, as a representative of the Board on the school staff selection committee to be constituted under Section 35 of the Gujarat Secondary Education Act, 1972 ("the Act" for short). The petitioners have further prayed to quash the letter dated 6/04/1992, addressed by the Secretary of the Board to all the District Education Officers intimating them that the State Government has directed, under Section 48 of the Act, the Board to nominate the District Education Officer or a Gazetted Officer authorized by him, as a representative of the Board on the School Staff Selection Committee to be constituted under Section 35 of the Act, and that the said direction should be implemented with effect from 30/03/1992.

(2.) Section 3 of the Act provides for constitution and incorporation of the Board. The Board consists of a Chairman, Deputy Chairman and Members as contemplated by Section 3(2) of the Act. The petitioners have claimed that they are members of the Board, but in the affidavit-in-reply filed on behalf of the respondent No.2 on December 13, 2002, it is mentioned that out of 15 petitioners, only petitioner Nos.1 and 2 are members of the Board. Section 35 of the Act provides that the registered private secondary schools must have selection committees as indicated therein, and it, inter-alia, stipulates that the school staff selection committee shall consist of the members as mentioned in Section 35(2), one of whom will be one representative of the Board to be nominated by the Board.

(3.) The petitioners were nominated as representatives of the Board on the different selection committees for different registered private secondary schools as required by Section 35 of the Act. The Government was of the view that having regard to the amount of grant made available to the registered private secondary schools and larger interest of the students, teachers and public at large, it was necessary that the Board should nominate the District Education Officer or a Gazetted Officer authorized by him, as a representative of the Board on the school staff selection committee to be constituted under Section 35 of the Act. Therefore, by exercising the powers under Section 48 of the Act,the Government issued direction dated 30/03/1992 to the Board to nominate the District Education Officer or a Gazetted Officer authorized by him, as a representative of the Board on the school staff selection committee. By the said communication, the Government also directed the Board to send necessary proposal for amendment of Section 35 of the Act. The said direction is produced on the record of the petition at Annexure-I along with affidavit-in-reply filed on behalf of respondent No.2. On receipt of the above-referred to direction, the Secretary of the Board issued a communication dated April 6, 1992 to all the District Education Officers informing them that the Government has directed the Board under Section 48 of the Act to nominate the District Education Officer or a Gazetted Officer authorized by him, as a representative of the Board on the school staff selection committee, and that the said direction is to be implemented with effect from 30/03/1992. The said communication is produced by the petitioners at Annexure-A to the petition. The case of the petitioners is that Section 48(1) of the Act does not confer any power on the State Government to issue directions to the Board as to whom and how the Board should nominate its representative on the school staff selection committee and, therefore, the direction issued by the Government as well as communication addressed by the Secretary of the Board to all the District Education Officers, should be set aside. What is maintained by the petitioners is that the State Government has no authority, power or jurisdiction to issue any direction under Section 48 of the Act to nominate the District Education Officer and/or any other Gazetted Officer as its representative on the school staff selection committee and, therefore, the petitioners are entitled to the reliefs claimed in the petition. It is averred in the petition that the Board, of its own, has not issued any communication calling upon the petitioners to show cause as to why their tenure as representatives of the Board on the school staff selection committee should not be terminated, but their tenure has been abruptly brought to an end pursuant to the direction given by the Government under Section 48 of the Act, which is illegal. Under the circumstances, the petitioners have filed instant petition and claimed reliefs to which reference is made earlier.