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Gujarat High Court
Judgename :Bhawani Singh, H.K.RATHOD
PARMAR ALPABEN SANABHAI - Appellant
Versus
STATE OF GUJARAT - Respondent
S.C.A.8220 of 2004
Decided On : 09/27/2004
Another facet of question is the selection is districtwise, therefore, illegal, in the context of some pronouncements of the Apex Court as contended by Counsel for the parties. There is no dispute that Vidya Sahayak Scheme, 1998, is a State Scheme. However, posts of Vidya Sahayaks are in primary schools of District Panchayats, Authorised Nagarpalikas and Mahanagarpalikas, where there is deficiency of teachers. Therefore, vacancies are being filled up under these bodies, falling in different Districts. Consequently, it cannot be held to be districtwise selection. Moreover, it cannot be called districtwise selection, simply because candidate can apply at one place with the original certificates. [Para 24]
(b) Service & Employment - Vidya Sahayak Scheme - Appointment - Requirement - Original certificate of eligibility - Propriety of - Even though the scheme as such is statewise the appointments are to be made Districtwise - It is obvious that the authorities wanted to restrict the applicants that they should apply only in one of the districts - The authorities are, therefore, perfectly justified in imposing a condition of the nature to attain objective - The condition is not of the nature which may present a candidate from applying for the post.
Court is in entire agreement with the view taken by the Division Bench that condition of filing original certificates/testimonials with the application is reasonable. It does not prevent a candidate from applying to the post, otherwise, filing of applications in every District would create difficulties to administration in assessing and finalising the selection of the candidates. [Para 23]
(c) Service & Employment - Vidya Sahayak Scheme - Appointment - Qualification requirement - Must have obtained qualification degree from University in Gujarat - Validity of - Court found no justification behind exclusion of those residents of Gujarat who have obtained qualification of trained graduates from institutions/colleges outside the State - There may be various circumstances which compel persons to obtain the qualification from out side - It is unjust and irrational condition which is liable to be set aside.
There is no justifiable object behind this inclusion and exclusion of those who obtained qualification of trained graduate from other institutions/colleges. There may be, as pointed above, circumstances which compel persons to obtain the qualification of trained graduate from outside college/institution. Candidly, Court is of the opinion that this condition is unjust and irrational. Candidates obtaining qualification of trained graduate or other qualification prescribed for the post of Vidya Sahayak whether obtained from institutions recognised by Universities of Gujarat State or other Universities outside Gujarat should be considered eligible for the post of Vidya Sahayak provided the qualification is obtained from Universities recognised by the U.G.C. and N.C.T.E. Classification of candidates on the basis of candidate having done the course from institution/college under Universities of Gujarat and outside Gujarat, is unreasonable, therefore, liable to be set aside. Even otherwise, it may amount to creating condition of "local candidate", which is violative of Article 14 of the Constitution.
Cases Referred :
Harshendra Choubisa & Ors. vs. State of Rajasthan & Ors., 2002 (6) SCC 393;; Kailash Chand Sharma vs. State of Rajasthan & Ors. 2002 (6) SCC 562;; D.P. Joshi vs. State of Madhya Bharat & Anr., AIR 1955 SC 334;; D.N. Chanchala vs. State of Mysore & Ors., 1971 (2) SCC 293;; Dr. B.L. Asawa vs. State of Rajasthan & Ors., 1982 (2) SCC 55;; Dr. Pradeep Jain & Ors. vs. Union of India & Ors., 1984 (3) SCC 654;; Anant Madaan vs. State of Haryana & Ors., 1995 (2) SCC 135;; Saurabh Chaudri & Ors. vs. Union of India & Ors., 2003 (11) SCC 146;; AIIMS Students Union vs. AIIMS & Ors., 2002 (1) SCC 428;; Smt. Daxaben Kuberbhai Pandya vs. P.V. Patel & Ors., 2004 (2) GLR 1347;; Jabalpur Bus Operators Association vs. State of Madhya Pradesh, AIR 2003 MP 81;; K.G. Ashok & Ors. vs. Kerala Public Service Commission & Ors., 2001 (5) SCC 419;; Patel Rakesh Kumar vs. State of Gujarat, Special Civil Application No. 9155 of 1998, dated 19.03.1999;; Patel Nanjibhai K. vs. District Education Officer, SCA 6504/1998, decided on 13.08.1998;; Panchal Vijaylakshmi Bapulal vs. District Primary Education Officer, SCA 3314/1999, decided on 03.05.1999.
Union of India & Ors., etc. etc. vs. Sanjay Pant & Ors., etc. etc., AIR 1993 SC 1365;; A.V.S. Narsimharao & Ors. vs. State of Andhra Pradesh, AIR 1970 SC 422.-Relied on
( 1 ) AS prayed by learned Counsel for the parties, matters of Single Bench have been taken up for final hearing along with matters of public interest being heard by this Division Bench.
( 2 ) ISSUE Rule. Heard learned Counsel for the parties. This batch of one hundred sixty one petitions are proposed to be decided by this judgment since challenge is directed against selection of Vidya Sahayaks with variation as to grounds of challenge taken by the petitioners. With a view to place emphasis on the axis of challenge, parties classified as under : (1) Petitioners belong to Gujarat, they have passed qualifying examination from Universities in Gujarat, however, they had obtained the qualification of Trained Graduate from Universities outside Gujarat. (2) Petitioners challenge age relaxation in favour of S. C, S. T. , S. E. B. C. , female, physically handicapped, widow and destitute women candidates. (3) Petitioners challenge requirement of furnishing original certificates along with the applications instead of zerox copies of Certificates. (4) Petitioners also seek reservation for H. S. C. (Science Stream) pass candidates for the posts of Vidya Sahayaks. (5) Petitioners also seek district-wise selection of Vidya Sahayaks while some others oppose it. (6) Petitioners challenge non-recognition of Siksha Visharad for the purpose of Vidya Sahayaks. (7) Petitioners seek quota for pre-P. T. C. candidates. (8) Petitioners seek preferential treatment for G. B. T. C. (Government Basic training Course) as against B. Ed, candidates. (9) Petitioners seek eligibility of D. Ed. (Diploma in Education) candidates for the post of Vidya Sahayak. (10) Petitioners seek eligibility of T. T. N. C. (Teachers Training in Needle craft) qualification for the post of Vidya Sahayak. (11) Petitioners also challenge the recognition of B. P. E. qualification for the post of Vidya Sahayak.
( 3 ) A. Adverting to the material facts of the cases before answering the submissions advanced by respective parties, State Government formulated the vidya Sahayak Scheme, 1998, for extension of primary education, necessary for free and compulsory education, and provide teachers in the Schools. According to the State, every village with population of 200 should have a Primary School from std. 1 to 4. There are 37,898 Primary Schools in the State, out of which, 29,796 are run by local bodies, 1566 by Nagarpalikas, and 6,536 by private managements. As per survey conducted between 2002-2003, approximate dropout rate is 32. 56% in the last five years, for various reasons recorded in the nationwide survey, and one of the reasons being large number of vacancies in the Primary schools. The recruitment made from time to time could not match with the vacancies in the schools. Therefore, decision was taken to fill up 15,000 vacancies under the Balguru Scheme. However, 3,743 Balgurus could be appointed on account of litigations, political uncertainty and General Elections to the State assembly. Consequently, State Government introduced the Scheme for appointment of Vidya Sahayaks in 1998 to fill up 20,000 vacancies. Provision for funds for the purpose of providing one school room per teacher has been planned besides involving the Non-Governmental Agencies in the programme. Further, assistance is being sought from the Central Government to make the programme successful.
( 4 ) VIDYA Sahayak Scheme is the result of Government Resolution dated 11-6-1998. Vacant posts in Primary Schools are intended to be filled, thereby providing opportunity of employment to the unemployed in the State. Vidya sahayak Scheme is improvement on Balguru Scheme introduced by Government resolution dated 11-6-1998. State proposes to fill up 20,000 posts under this scheme. The Scheme provides for qualifications, age-limits, etc. for schools managed by District Panchayats, authorised Nagarpalikas, Mahanagarpalikas, constitution of Selection Committees, i. e. , District Education Committee, maha
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