A. M. AHMADI, D. A. DESAI, J.

( 1 ) TURMOIL in the academic world consequent upon the introduction of the new pattern of education both at the instance of the management teachers and incidentally the Government has found its echo in this group of petitions Though the point involved is very narrow clear and precise the matter has been argued on a much wider canvass most ably but it has caused us no small concern and anxiety in reaching a correct appropriate and legal solution. The question raised in each of these petitions is common and therefore a few facts of a representative nature may be drawn from the first petition namely Special Civil Appli cation No. 955 of 1977.

( 2 ) THIS petition is filed by the Ahmedabad Kelavani Trust and one Shri Rasiklal C. Shah claiming to be the Managing Trustee of the trust questioning the constitutional validity of what has been euphamistically described as guidelines issued by the Government of Gujarat as per its Resolution in Education Department dated 12th April 1977 by which the Colleges in Ahmedabad were provided with guidelines for first adjudging the number of teachers who would be surplus methodology of arriving at who would be surplus and in respect of whom protection extended by the Resolution of the Government of Gujarat dated 7th March 1977 would be applicable. In order to fall in line with the pattern of education all over India and with a view to streamlining the administration of Univer sities in Gujarat a committee was appointed under the Chairmanship of Mr. S. N. Dungerkeri Registrar of the Bombay University for a number of years and the then Vice Chancellor of Marathawada University. This Committee submitted a report and in order to give effect to the recom mendations of this committee extensive amendments were carried out in the Gujarat University Act 1949 The Government thereafter appointed a committee headed by the Secretary Education Department Government of Gujarat to suggest ways and means of introducing the new pattern of education and on the report of the Secretary decision was arrived at to introduce the new pattern of education effective from the academic year 1976 Briefly stated the new pattern of education is that the education from 1st to 7th Standard would be treated as primary from 8th to 10th Standard would be treated as secondary education and 11th and 12th Higher Secondary and three years of degree course to be conducted by the University. It is briefly known as 10+2+3. On the decision having been taken to introduce Higher Secondary Education 11 Standard class as required by this pattern was introduced from June 1976 for the academic year 197677. As a corollary 12th Standard had to be introduced from the academic year 197778 effective from June 1977. The direct consequence of this introduction of the new pattern of the education is that Pre University class would be abolished. Largest number of students used to be admitted to Preuniversity class and on the abolition of Preuniversity class in the colleges there was bound to be considerable fall in number of students attending colleges consequently resulting in teachers in the Colleges becoming surplus. They had to be provided some alternative employment but their employment with the College would come to an end though they may be protected in some other manner; there was a feeling of insecurity in the academic world. Government of Gujarat by its Reso lution dated 7th March 1977 provided that the College teachers who are rendered surplus as a result of reduction discontinuance of Preuniversity classes should be provided with alternative employment in teaching posts in the higher secondary schools. It was further directed that the Govern ment had also decided that the existing emoluments and payscales of such surplus college teachers should be protected on their absorption in higher secondary schools. In effect the Government undertook to protect not only payscales of surplus college teachers who would be provi

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