MAKWANA MAHESH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Common question posed for consideration of this Court in this group of petitions is whether after coming in to force the Right of Children to Free and Compulsory Education Act, 2009 ("the Act" for short), the Certificate in Physical Education (C.P.Ed.) could be said to have been prescribed or recognized as one of the qualifications for appointment of Primary Teachers?

(2.) In Special Civil Application No. 7769/2012, Civil Application No. 13703 of 2013 is preferred for interim order to restrain the respondent Authorities from making recruitment of Vidya Sahayak -Primary Teacher for Classes 1 to 5 as per news paper report dated 25.12.2013 without first holding Teachers' Eligibility Test ("TET" ) for C.P.Ed. candidates. In the said application, vide order dated 27.12.2013, the Court granted ad -interim order restraining the respondents from making any recruitment of Vidya Sahayak - Primary Teacher for Classes 1 to 5.

(3.) The State has, therefore, moved Civil Application No. 502 of 2014 praying to vacate the above said ad -interim relief granted by the Court.