DISTRICT PRIMARY EDUCATION OFFICER Vs. DAKSABEN L PANDYA

JUDGEMENT

(1.) THIS Appeal, preferred under Clause 15 of the Letters Patent,1 arises from the judgment and order dated 9th August, 2001 passed by the learned Single Judge in special Civil Application No. 5974 of 1987. The appellant before this Court is the district Primary Education Officer, panchmahals. The respondents Nos. 1 to 45- writ petitioners are the candidates who, in answer to the advertisement published on 29th September, 1986, had applied for appointment as 'primary school teacher under the appellant.

(2.) FOR appointment as primary school teacher, a candidate, under the relevant recruitment rules, is required to possess certificate in Primary Teacher's Training (PTC ). The State Government, under its resolution dated 31st May, 1965, resolved that untrained teachers possessing qualification in the special subjects like hindi, Drawing, Physical Education, Music, tailoring, etc. , be appointed in the primary schools. But such appointment should not be more than 15% of the new recruitment. It was, however, experienced that adequate number of PTC trained teachers were not available or trained teachers were not willing to accept posting in remote or tribal areas. With a view to providing adequate educational facilities for young children in tribal areas and to ascertaining that their education did not suffer, the State government by its Circular dated 7th august, 1986 issued instructions that in case adequate number of trained primary teachers were not available, to fill up the remaining vacancies, appointments may be made from amongst; the trained candidates who were age barred but had not attained the age of 40 years; the retired teachers who were willing to join the schools in the backward or tribal areas may be reemployed for a period of two years upto the age of 60 years; the untrained candidates who possessed qualification in special subjects may be appointed in excess of 15% of the vacancies but not exceeding 20% of the vacancies. Such candidates be treated as untrained teachers and they be appointed after they undergo the PTC training at their own expense; the candidates possessing higher qualification of B. A. , B. Sc. , B. Com. , b. Ed, on condition of executing a bond of service for 5 years and on condition that they should obtain the PTC training at their own expense within 5 years from the date of the appointment. By later Circular dated 3rd July, 1987 the aforesaid instructions were cancelled and fresh instructions were issued in the subject matter.

(3.) ON 29th June, 1986 the appellant had published advertisement to invite applications from eligible candidates for appointment as primary school teachers under him. Pursuant to the said advertisement, recruitment was made. The petitioners were those untrained applicants who had applied for appointment as primary school teacher in special subject. On the basis of their relative merit, the petitioners were not selected for appointment as primary school teacher in special subject in 15% vacancies allowed to be filled in by the teachers in special subjects. But, as the adequate number of trained teachers were not available, in accordance with the government Circular dated 7th August, 1986, a separate list of untrained candidates not selected as teachers in special subject was prepared. The petitioners also had been included in the said list of untrained candidates. On 8th December, 1986 the appellant forwarded a proposal to the director of Primary Education that in view of non-availability of required number of trained candidates, pursuant to the instructions contained in Government circular dated 7th August, 1986, 5% of the vacancies i. e. 77 posts be permitted to be filled in by untrained candidates possessing the qualification of TCWCG (Tailoring certificate in Women and Children garments) or in Needle Craft. Pending the said proposal, the applications were invited afresh by advertisement published on 12th september, 1987.