PARMAR NAVINKUMAR BIPINCHANDRA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Since both the captioned petitions were similar involving identical issues of facts and law, they were heard along with the Civil Applications therein, and are treated by the present common judgment.

(2.) The 23 petitioners herein who are Teachers, are aggrieved for the reason that they are excluded and denied to compete for the post of Principal in the registered private grant-in-aid secondary and higher secondary schools. The ground for their non- consideration for the post is that they have been working as Teachers in the non-grant-in-aid schools. The petitioners have prayed to permit them to apply for the post and to participate in the recruitment process which was initiated by issuance of advertisement dated 12th September, 2017.

(3.) The facts and events in the background are quite relevant. In exercise of powers conferred under Section 35 of the Gujarat Secondary and Higher Secondary Education Act, 1972, the State Government framed the rules called 'Teachers and Head Masters of Registered Private Secondary and Higher Secondary Schools (Procedure for Selection) Rules, 2011'. These Rules were notified vide Notification of the Education Department dated 11th February, 2011.