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2004 Supreme(Guj) 88

D.H.WAGHELA, R.K.ABICHANDANI
DAXABEN KUBERBHAI PANDYA – Appellant
Versus
P. V. PATEL – Respondent


Advocates Appeared: ARCHANA AMIN, K.G.VAKHARIA

R. K. ABICHANDANI, J.

( 1 ) THE petitioner challenges the constitutionality of Schedule-I of the Gujarat Panchayat Service (Recruitment of Primary Teachers), Rules, 1970, on the ground that the qualifications for eligibility for appointment of a candidate as Primary Teacher laid down therein are violative of fundamental rights of the petitioner guaranteed by Articles 14, 16 and 19 of the Constitution.

( 2 ) ACCORDING to the petitioner, she had passed Secondary School Certificate Examination of the Maharashtra Secondary School Certificate Board with Gujarati as medium of instruction in June, 1982. Thereafter, she successfully completed Diploma in Education from a college aided by the Maharashtra Government. She shifted from Maharashtra to Gujarat in 1985 and pursuant to an advertisement dated 3rd October, 1986, by which applications were invited for the post of Primary Teachers by the District Primary Education Committee, Bhavnagar, she applied for the same. According to her, she was called for interview on 12. 12. 86 and she was placed in the select list. There is nothing placed on record to show that she was selected. The petitioner was informed by letter dated 18th September, 1987








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