C.L. Soni, J.

1. These appeals filed under Clause 15 of the Letters Patent are against the common judgment dated 8.5.2012 delivered by learned Single Judge in the petitions preferred by the respondents under Article 226 of the Constitution of India.

2. The respondents have made following main prayers in their petitions:-

(b) To quash and set aside the recruitment of Bachelor’s Degree even from the candidates possessing PTC qualification for appointment to the posts of Head Teachers as laid down in the Government Notification dated 18.1.2012 at Annexure-G, and the consequential similar requirement for appearing at the Head Teachers Aptitude Test (HTAT);

(c) To hold and declare that the petitioners who have passed SSC/HSC and PTC examinations and who were appointed as Primary Teachers and as Head Teachers as per the relevant Recruitment Rules are eligible and qualified to be appointed as Head Teachers by way of promotion and by direct recruitment on the 5000 posts of Head Teachers to be filled up pursuant to the GR dated 22.6.2011 at Annexure-F hereto and the respondents be directed to consider the petitioners as eligible for the same and to give them appointments accordingly;

(d) to restrain the respondents from filling up the 5000 posts of Head Teachers pursuant to the G.R. Dated 22.6.2011 without first considering the petitioners as eligible and qualified for the said posts;

3. The case of the respondents is that they were appointed as Primary Teachers as per the Gujarat Panchayat Service (Recruitment of Primary Teachers) Rules, 1970 (Rules of 1970). They have been discharging their duties as Primary Teachers and Head Teachers. They have completed more than 20 years of services and presently they are in the pay scale of Rs.9300-34800. There is no separate cadre and separate pay scale for the post of Head Teacher. Head Teachers are appointed as per the seniority and are paid only the Headmasters allowances.

4. It is their further case that pursuant to the Right of Children to Free and Compulsory Education Act, 2009 (‘Free Education Act’), primary education is divided into two sections, i.e. Lower Primary School (Std. 1 to 5) and Upper Primary School (Std.6 to 8). The State Government accordingly amended the Bombay (now Gujarat) Primary Education Act, 1947 (‘the State Act’) by amending the Act of Gujarat Education Laws (Amendment) Act, 2010. The State Government then issued Government Resolution dated 22.6.2011, whereby it decided to create 5000 posts of Head Teacher for Primary Schools in the pay scale of Rs.9300-34800. As per the said Government Resolutions, 2500 posts are to be filled in by direct selection and remaining 2500 posts are to be filled in by promotion. The Government, thereafter, made the Head Teacher, Class-III in the Subordinate Service of Directorate of Primary Education or respective District or Municipal Primary Education Committee Recruitment Rules, 2012 (‘the Rules of 2012’) vide notification dated 18.1.2012. The Government also issued Government Resolution dated 18.1.2012 laying down the Rules for Head Teachers Aptitude Test. Advertisement dated 1.2.2012 was then issued for holding the Head Teachers Aptitude Test (HTAT). As per the Rules of 2012, the qualification of Bachelor Degree is required over and above the qualification of PTC (Primary Teacher Certificate). Because of the requirement of such degree qualification, the petitioners and other large number of primary teachers who do not hold such qualification are excluded from competing for the newly created 5000 posts.

5. Learned Single Judge decided the petitions of the respondents herein with other petitions where the challenge was made to the validity of the Rules of 2012 to the upper age limit fixed therein, to the restriction on consideration of experience only in specified institutions and to the provisions for considering only salary accounts as conclusive proof to determine the experience of primary teachers.

6. Learned Single Judge has not ac