PATEL BHARATKUMAR PURUSHOTTAMBHAI Vs. SECRETARY

JUDGEMENT

(1.) The present petitions have been filed in the year 2011 by the petitioners serving in a private recognized secondary and higher secondary schools to challenge the validity of Resolution dtd. 16/3/2011 amending Regulation 20(1) of the Gujarat Secondary Education Regulation, 1974 on the premise that the said regulation violates fundamental rights of the teachers imparting education in private registered Secondary and Higher Secondary Schools. The issue raised by the petitioners is about the validity of the provision in Regulation 20(1) of the Regulations of 1974, in providing minimum qualification of seven years teaching experience in Government and/or Grant-in-Aid secondary and Higher Secondary Schools for the purpose of appointment to the post of Headmaster in such Government and/or Grant-in-Aid Secondary and Higher Secondary Schools.

(2.) The contention is that the exclusion of teachers imparting education in registered private Secondary and Higher Secondary Schools from the zone of consideration for the post of Headmaster in a Government and/or Grant-in-Aid secondary and higher Secondary and Higher Secondary Schools is discriminatory and violative of Articles 14 and 16 of the Constitution of India.

(3.) The writ petition has been amended to incorporate the prayer to restrain the respondents from filling up the four posts of Headmaster, pursuant to the advertisement dtd. 30/11/2011.