BHARATSIGH LAKSHMANSIGH MAKWANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners, in this group of petitions, have in substance, brought under challenge : -

(2.) Until 2009 the matters related to primary education in the State was regulated by the provisions under Bombay Primary Education Act 1947 (hereinafter referred to as the "State Act") and "Bombay Primary Education Rules, 1949" (hereinafter referred to as "State Rules").

(3.) Mr. Pujara, learned Counsel appearing for some of the petitioners (i.e. in SCA No.2474 of 2012) submitted, inter alia, that the petitioners have been appointed under and in accordance with the Gujarat Panchayat Service Recruitment of primary teachers Rules 1970 and the said rules prescribe (even now) SSC/HSC and Primary Teachers Certificate (PTC) qualification and did not, and still do not require bachelor'degree as necessary qualification for being appointed as teacher in primary school. The senior most teacher from amongst the teachers in the primary school was and is being appointed, as Head Teacher. The provision which requires bachelor degree as minimum qualification for post of Head Teacher is arbitrary and unjust and not in consonance with StateAct and Rules. He also submitted that according to the provision contained under Section 23 of the Central Act, it is only academic Authority who is competent to prescribe qualification. He also invoked the prescribed qualification for the post of Asst. Education Inspector (which is promotional post for primary teacher) and submitted that an anomaly is created inasmuch as the qualification for higher/promotional post are lower than the qualification for the feeder post. Mr Pujara also submitted that impugned requirement would exclude all existing teachers from the opportunity of being considered for appointment/promotion to the post of Head Teacher and it would also amount to retrospectively imposing requirement which did not exist at the time of appointment. It is also contended that the requirement cannot be imposed on those who are already working as Head Teacher.