ARUNABEN JAYANTILAL MIN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Petitioner's case is that she was selected after interview by the Selection Board for appointment as Assistant Teacher in the year 1973 and on that basis, she was appointed as such on 17-12-1973. It has also been stated that although she had been selected by the Selection Board after an interview, her appointment was described as Badli Teacher and she was discontinued from service from 28-4-1974. At the time when she was selected and appointed as Assistant Teacher in 1973, the only qualification possessed by her was S.S.C. She was again appointed as Primary Teacher on 4-6-1974 and this time it was not an appointment as a Badli Teacher but it is a fact that she has been discontinued from 28-10-1974. She was again appointed on 18-11-1974 and was discontinued by order dated 25-11-1974. She was again appointed by order dated 6-1-1977 and was discharged by order dated 8-3-1977. Lastly, she was appointed on 4-6-1979 and, thereafter, she has been continuing as primary teacher. It has also been submitted that although she was only SSC in the year 1973, later on she passed B. A. examination and in May 1978 she had also passed the B.Ed. examination. The petitioner has stated that the District Primary Education Committee, Jamnagar in its meeting dated 15-2-1979 had passed a resolution and decided to regularise the petitioner's service from 25-11-1974 and to treat her to be in continuous services from 25-11-1974 in terms of Annexure "D" enclosed with the petition. While the petitioner was continuing in service, an order dated 5-11-1981 came to be passed on the basis of some observations made in the order dated 18-11-1980 passed by the Director of Education, Gujarat State, Ahmedabad. Copy of the same has been enclosed as Annexure "E". This order dated 18-11-1980, i.e., Annexure "E" was passed in the case of one Mrs. Indira P. Dasani, who had filed Special Civil Application No. 2619 of 1980 in this Court asking for a direction for appointment as Primary Teacher. In terms of the order passed in this Special Civil Application filed by Mrs. Indira P. Dasani she was to make a representation before the Director of Education; she accordingly made the representation and on that representation the order had been passed on 18-11-1980 by the Director of Education, Gujarat State, Ahmedabad. Thereafter, Special Civil Application No. 2619 of 1980 filed by Mrs. Indira P. Dasani was rejected by the Court on 8-12-1980. It appears from the contents of the order Annexure "E" dated 18-11-1980 that while deciding the case of Mrs. Indira P. Dasani certain observations were made against petitioner's appointment by the Director and on that basis, the order dated 5-11-1981 was passed against the petitioner by the District Primary Education Officer.

(2.) The petitioner preferred Regular Civil Suit No. 793 of 1981, challenging the order dated 5-11-1981 passed by the District Primary Education Officer, in the Court of Civil Judge (S.D.), Jamnagar in which directions were issued not to terminate the services of the petitioner. But this order was vacated on 14-9-1982. The petitioner preferred appeal against this order dated 14-9-1982 before the District Judge at Jamnagar and that too was dismissed vide judgment dated 23-5-1982. The petitioner's case is that her case was rejected only on the ground that Special Civil Application No. 2619 of 1980 filed by Mrs. Indira P. Dasani had been rejected by this Court. Petitioner has made a reference to a Circular dated 12-2-1976 stating therein that those who have obtained B.Ed. degree should not be appointed as primary teachers hereinafter. Copy of this Circular dated 12-2-1976 has been enclosed as Annexure "G" and the petitioner's grievance is that the order dated 5- 11-1981 was passed against her on account of the above referred Circular dated 12-2-1976. The petitioner then preferred Special Civil Application No. 484 of 1983, which was decided by order dated 10-3-1983 passed by this Court in the following terms :-

(3.) No return has been filed on behalf of the respondents and Mr. Uraizee, learned A.G.P., appearing on behalf of the respondents, has submitted that neither he has instructions in this matter nor he has any papers.