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Gujarat High Court
Judgename :D.H.WAGHELA, R.K.Abichandani
SMT.DAXABEN KUBERBHAI PANDYA - Appellant
Versus
P.V.PATEL - Respondent
S.C.A.5775 of 1987
Decided On : 02/19/2004
Employment and Service matter – Gujarat Panchayat Service (Recruitment of Primary Teachers), Rules, 1970 – Schedule-I – Rule-4 – Constitution of India, 1950 – Articles 14, 16 and 19 – Gujarat Paychayats Act, 1961 – Sections 88, 117 and 323 – Appointment of Post of primary teacher at a local Panchayat level – Eligibility Criteria – Challenges the constitutionality of Schedule-I of Rules, 1970, on ground that the qualifications for eligibility for appointment of a candidate as Primary Teacher laid down therein are violative of fundamental rights of petitioner guaranteed by Articles 14, 16 and 19 of Constitution – Petitioner she had passed Secondary School Certificate Examination of Maharashtra Secondary School Certificate Board as medium of instruction thereafter, she successfully completed Diploma in Education from a college aided by government – According to her, she was called for interview and she was placed in the select list – There is nothing placed on record to show that she was selected then petitioner was informed by letter that she was not qualified for appointment as Primary Teacher as per Rules, 1970 because she was not holding Secondary School Certificate of the Gujarat Secondary School Examination Board – Challenged – Held, Supreme Court in context of admission to educational institutions in Gujarat University Vs. Rajiv Gopinath Bhatt, reported in 1996 SC 2066, that, if a rule has been framed that out of merit list prepared, preference is to be given, for admission to super speciality courses, to the students of a University in question, it cannot, per se, be held to be arbitrary or unreasonable or violative of Article 14 of the Constitution – Requirement that the candidates who possessed certificate of Gujarat Secondary Certificate Board cannot be said to be arbitrary or discriminatory – No reliable material produced on record to show that the petitioner was, in fact, selected by the Board – In view of eligibility qualifications laid down in the Schedule – Petitioner was in clear terms told that she was not eligible for appointment as Primary Teacher, it is evident that the petitioner was not selected for appointment to that post and since she was not qualified, she had no right to be considered for appointment to the said post under the Rules – Petition is rejected. (Paras 5,6 and 7)
( 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 (copy at Annexure:a to the petition) that she was not qualified for appointment as Primary Teacher as per the Gujarat Panchayat Service (Recruitment of Primary Teachers) Rules, 1970, because, she was not holding Secondary School Certificate of the Gujarat Secondary School Examination Board.
( 3 ) IT was contended on behalf of the petitioner that in the advertisement which was issued as per Annexure:b to the petition, the educational qualification required was S. S. C. and it was not mentioned that S. S. C. should be of the Gujarat Board. It was submitted that the petitioner had passed Secondary School Certificate Examination through Gujarati medium from the Maharashtra Board and there was no valid reason to discriminate against the petitioner vis-a-vis those who had passed their S. S. C. examination from the Gujarat Board. The provisions of the Rules requiring the eligibility qualification of Secondary School Examination Certificate of the Gujarat Board were, therefore, violative of Articles 14 and 16 of the Constitution.
( 4 ) THE Gujarat Panchayat Service (Recruitment of Primary Teachers) Rules, 1970 were framed in the exercise of the powers conferred by Section 323 of the Gujarat Panchayats Act, 1961. Rule-4 of the said Rules laid down eligibility criteria for appointment to the said post and under clause (b) thereof, it was prescribed that, to be eligible for appointment, a candidate must have passed any one or more of the qualifying examinations specified in Schedule-I annexed to the Rules. Schedule-I prescribed qualifying examination as defined by Rule 2 (iv) of the Rules as per which Secondary School Certificate Examination of the Gujarat Secondary School Certificate Board together with certificate of Primary Teachers Certificate Examination was, inter alia, prescribed as the qualifying examination for candidature for appointment as a Primary Teacher.
( 5 ) THE powers of the Panchayats in the sphere of education include power of establishment and maintenance of primary schools as per the Schedules-I and II read with sections 88 and 117 respectively of the Gujarat Paychayats Act, 1961. When Primary Teachers are to be recruited at the level of local self-government of the nature of a Panchayat, the requirement of educational qualifications of Secondary School Certificate Examination conducted by the Gujarat Secondary School Certificate Board cannot be said to be any arbitrary or irrational criterion laid down for the purpose of recruitment to the post of Primary Teacher at such local level. The requirement of the educational qualifications of a particular university or board cannot per se be said to be arbitrary. The candidates who have passed the qualifying examination prescribed in the Schedule form a distinct class from the candidates of oth
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