SONALBEN MASUK BHARTHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) As common question of law and facts arise in both these Letters Patent Appeals, they are disposed of by this common judgment and order.

(2.) Feeling aggrieved and dissatisfied with the common impugned judgment and order passed by the learned Single Judge passed in Special Civil Application Nos. 1369 of 2016 and Special Civil Application No.2425 of 2016, the respective original petitioners have preferred present Letters Patent Appeals.

(3.) That pursuant to the advertisement dated 24th August 2013 issued by the Gujarat State Secondary and Higher Secondary Education Board, the respective petitioners applied for the post of Higher Secondary Teachers. All the respective petitioners were possessing the qualification of the degree of M.A (Education). That as per the relevant Rules, more particularly, Appendix 1 attached to the "Teachers of Government Secondary and Higher Secondary Schools (Procedure for Selection) (Amendment) Rules, 2013" candidates having qualification of Post Graduate degree in professional subject i.e. M.Ed./M.P.Ed etc. were allotted five additional marks. Therefore, as the original petitioners were possessing Degree of M.A. (Education) and not possessing Post Graduate Degree in the professional subject i.e. M.ED /M.P.Ed etc., they were not allotted additional five marks for the appointment on the post of Higher Secondary Teachers. Therefore, they could not make it as they fell short in merit. Therefore, the respective petitioners preferred aforesaid Special Civil Applications before this Court for appropriate writ, direction and order quashing and setting aside the communication dated 19.01.2016 and to direct the respondent authority to issue appointment order to them. Before the learned Single Judge, it was the case on behalf of the petitioners that the qualification acquired by them i.e. MA (Education) should be considered to equivalent post of Graduate Degree i.e. M.ED/MP.Ed. That by detailed judgment and order and considering the decision of the Hon'ble Supreme Court in the case of Dr.Prit Singh v. S. K. Mangal and others, 1993 Supp1 SCC 714, the learned Single Judge has not accepted the submission on behalf of the petitioner to consider the Decree of MA(Education)equivalent to Post Graduate Degree in the Professional subjects i.e. M.ED/MP.Ed.