( 1 ) PETITIONER, making a grievance that there is a denial of grade of trained teachers as per Desai Pay Commission recommendations, has approached this Court by filing a petition under Article 226 of the Constitution of India. Petitioner is also contending that grade of untrained teacher on the ground that the teacher is not trained is against the constitutional mandate of "equal pay for equal work", and is discriminatory.

( 2 ) THE petitioner has stated that he is possessing higher qualifications, viz. , B. A. and G. B. T. C. According to the petitioner, G. B. T. C. is a qualification prescribed for imparting training to P. T. C. students. The P. T. C. students after qualifying are considered as trained teachers for imparting education to students attending primary schools. Before the learned single Judge, at the time of hearing on 2. 5. 1998, it was contended that several Judges of this Court have taken a view that the qualification of B. A. , B. Ed. is higher than that of P. T. C. and the teachers, possessing such qualifications, cannot be treated as untrained primary teachers. The Government relaxed the condition in respect of primary teachers a