HARSORA GITABEN PARSHOTTAMBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) IN all the petitions, common question arise for consideration and therefore, they are being considered by this common judgment.

(2.) THE short facts of the case appears to be that in the year 1979 vide Resolution dated 19.07.1989, for the post of Music Teacher, the qualification required was S.S.C. and the passing of examination of Sangit Visharad. Thereafter, same position continued and even in Resolution dated 11.06.1998, the qualification of S.S.C. was continued. On 21.06.2000, it was modified to the effect that there may be qualification of H.S.C. or S.S.C. and whichever was the higher marks, was to be considered. Thereafter on 04.04.2007, the direction was given by the Director of Primary Education for the schedule of filling up of the post and it provided that the requirement would be of S.S.C. Certain District Panchayats insisted for qualification of H.S.C. only and the same became the subject matter of the petition before this Court in Special Civil Application No.11513/2007. Since, at the relevant point of time, the policy of the Government provided for the eligibility criteria of S.S.C. or H.S.C., this Court permitted the candidates holding qualification of S.S.C also to be considered for the post based on the aforesaid instructions issued by the Director of Primary Education. However, at para 11 in the said decision dated 24.05.2007 in Special Civil Application No.11513/2007, it was observed as under :

(3.) THE first contention raised on behalf of the petitioner is that there is unexplained departure from the long standing precedent, therefore, decision of altering the policy is arbitrary and capricious.