( 1 ) THESE two petitions, preferred under Article 226 of the Constitution of India, raise a common question whether a post graduate degree in Education [b. Ed. ] can be said to be a valid qualification for appointment as Vidya Sahayak [primary School Teacher] in the panchayat service of the State of Gujarat.

( 2 ) THE primary education in the State of Gujarat is governed by the Bombay Primary Education Act, 1947 [hereinafter referred to as, "the Act of 1947"]. The State Government has, under its various orders, entrusted the function of primary education to the Primary Education Committees under the control of the District Panchayats / Municipal Corporations / Municipalities. The appointment of teachers in the schools run by the District Primary Education Committees is governed by the Gujarat Panchayat Service [recruitment of Primary Teachers] Rules, 1970 [hereinafter referred to as, "the Rules"] made by the State Government in exercise of the powers conferred by Section 323 of the Gujarat Panchayats Act, 1961. Clause (iii) of Rule 2 of the Rules defines the words, qualified candidates to mean, "candidates who have passed any one or more of the qualifying examinations. " The qualifying examination is defined in clause (iv) thereof to mean, "an examination specified in Schedule-I". Schedule-I to the Rules reads as under :-

"secondary School Certificate Examination of the Gujarat Secondary School Certificate Board together with a certificate of Primary Teachers Certificate Examination; primary School Certificate Examination together with a certificate of Primary Teacher s Certificate Examination. Lok Shala Certificate Examination together with a certificate of Primary Teacher s Certificate Examination. "

( 3 ) THUS, passing of Primary Teachers Certificate [ptc] Examination is a prerequisite for appointment as Primary School Teacher in Panchayat Service. Under Government Resolution dated 11th June, 1998, with a view to resolving unemployment problem of PTC passed candidates in the State, the State Government had introduced Vidya Sahayak Scheme. By the said Resolution the State Government had resolved to fill up 20,000 vacancies under Vidya Sahayak Scheme with effect from that year. The said Resolution provided, inter alia, that appointment as Vidya Sahayak be made from amongst the candidates possessing qualifications of (i) SSC, PTC; (ii) Trained Graduates; and (iii) SSC, CP Ed. (Certificate in Physical Education ). Though the Resolution is not explicit, we are informed that the candidate concerned was required to possess any one of the aforementioned qualifications. Clause-8 of the said Resolution provided that after two years of satisfactory service, the Vidya Sahayaks would be absorbed in service of the concerned Primary Education Committee on the posts of primary teachers falling vacant on account of superannuation. The remaining Vidya Sahayaks would be absorbed as Primary Teachers in the regular pay scale of primary teacher after completion of five years service as Vidya Sahayak. Since the issuance of the said Resolution, pursuant to the decision of the Division Bench of this Court dated 21st June, 2000 rendered in Special Civil Application No. 4005 of 1987, the State Government has passed a Resolution on 1st August, 2000 declaring that the trained Graduate [i. e. Graduate B. Ed. ] shall not be a valid qualification for appointment as Vidya Sahayak. It is this Resolution dated 1st August, 2000 which is the subject matter of challenge in the above Special Civil Application No. 8075 of 2001.

( 4 ) THE petitioners in Special Civil Application No. 8075 of 2001 are one " Sudip Tripathi, a trained Graduate and one-Gujarat Talimy Snatak Hit Rakshak Samiti which, according to the averments made in the petition, is an organization advancing the cause of trained-graduates [b. Ed. ] for their appointment as trained teacher/vidya sahayak in primary schools and that the majority of the trained graduates {b. Ed. } in the S