PATEL JAYESHKUMAR KANUBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr.I.M.Pandya, learned AGP, waives service of Rule on behalf of respondents No.1 to 3 in Special Civil Application Nos.12401/2003, 12564/2003 and 12861/2003. Mr.K.P.Raval, learned AGP waives service of Rule on behalf of respondents No.1 to 3 in Special Civil Application Nos.13471/2003, 13492/2003 and 13493/2003. With the consent of the parties, these matters are taken up for final hearing today. Since common point is involved in all these petitions, they are disposed of by this common judgement. Amendment placed on record by Mr.Oza in Special Civil Application No.12401/2003 is granted.

(2.) The petitioners, in all these petitions, are holding the qualification of A.T.D. (Art Teachers' Diploma) or Sangeet Visharad, as the case may be. All of them have passed H.S.C. examination also. Since they are eligible for appointment to the posts of Vidya Sahayak, (which is at primary level in the school), by filing these petitions, it is prayed that the claim of the petitioners should be considered for appointment as primary teachers upto the prescribed percentage to this category of teachers, i.e. Art teachers and Sangeet teachers, as they are holding the qualification of A.T.D. or Sangeet Visharad.

(3.) It seems that, at present, large number of posts of primary teachers/Vidya Sahayaks are lying vacant in the State of Gujarat. So far as primary teachers are concerned, they are now required to be appointed firstly as Vidya Sahayaks, as per the scheme framed by the Government. So, now a primary teacher is required to be appointed as a Vidya Sahayak, on a fixed salary and that appointment is to be made as per the procedure prescribed under the Scheme. So far as primary schools are concerned, PTC trained teachers are required to be appointed for teaching students at primary level but now under this scheme, the post of primary teacher is classified as "Vidya Sahayak". Since at a primary level, various subjects including various specialised subjects are also required to be taught, such as physical training, drawing as well as music, the State Government, in its wisdom, has reserved certain percentage of posts for specialised category like Physical Education teacher, known as "C.P.Ed", Drawing Teacher known as "A.T.D." and Sangeet Teacher, a candidate who has passed Sangeet Visharad examination is entitled to be appointed as a Sangeet teacher. On behalf of the State Government, it was decided to fill up all vacant posts of primary teachers (Vidya Sahayaks), for which advertisements have been issued by various districts, wherein qualifications prescribed are P.T.C. and C..P.Ed. Such advertisements are annexed to Special Civil Application No.12564/2003 at pages 102 to 109.