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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Bhargav D. Karia, J.
Mital Daxesh Patel – Petitioners
Versus
State Of Gujarat and others – Respondents
R/Special Civil Application No. 11247 of 2021
Decided On : 09-08-2021
Constitution of India,1950 – Article 14,15 and 226 - Selection - Staff Recruitment - Petitioner passed her Standard-10 examination with 77.71% from Secondary and Higher Secondary Board, having mathematics, as one of subjects - It appears that petitioner, selected ‘B’ Group in Science Stream, consisting of Biology subject at Standard-12 - Petitioner completed her B.Sc. from University, with Zoology, as Principal subject and Chemistry and Botany, as the subsidiary subjects. petitioner also completed her M.Sc. in Zoology from the M.S. University - Petitioner did her B.Ed. From the M.S. University, with the subjects of Teaching of Science and Teaching of Biology - Admittedly, petitioner has not done B.Ed. With Mathematics and Science, meaning thereby, petitioner is not trained, how to teach Mathematics subject at Secondary Level - Petitioner applied for the post of teacher in Higher Secondary and Secondary schools of non-government grant-in-aid Higher Secondary Schools and non-government grant-in-aid Secondary Schools for Mathematics and Science subjects, pursuant to the advertisement issued by Respondent State Secondary and Higher Secondary Educational Staff Recruitment Selection Committee - Whether action of Government ran counter to any of those provisions.
Finding of the Court:
It is true that merely because some officers issue some instructions, by itself cannot be said to be pursuant to an exercise of executive powers of State as understood under article 162 - Any other exercise would be an exercise of administrative powers which an officer may exercise considering post held and the duties which such officer has to exercise - That cannot be equated with exercise of executive power which is extensive with legislative powers under Article 162 - In view of the aforesaid dictum of law, it cannot be said that impugned G.R. is violative of Articles 14 and 16 of Constitution of India, as the G.R. is a government policy, prescribing minimum qualification and standards for benefit of the students of Standard - Who are to pursue their carrier either in engineering or other ‘B’ Group Stream from Standard-11 onward are required to have very good foundation of Mathematics and Science and if, a candidate is not trained how to teach Mathematics, then, such a candidate cannot be given the responsibility of to teaching Mathematics and Science to the students of Standards-9 and 10 - Therefore, in such circumstances, when the impugned G.R. is passed on the basis of opinion rendered by the High Powered Committee of the Experts, the same cannot be interfered with while exercising extraordinary jurisdiction under Article 226 of Constitution of India.
Result: Petition dismissed
ORDER :
1. Heard, learned Advocate, Mr. Nirav Mishra, appearing for the petitioner and the learned AGP, Mr. Dhawan Jayswal, appearing on advance copy for Respondent No.1-State.
2. By this petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs:
(A) Your Lordships may be pleased to Admit and allow this petition;
(B) Your Lordships may be pleased to hold and declare that the action and inaction on part of the respondent stat authorities in not appointing the petitioner apropos to the advertisement issued by the respondent committee for the post of teacher for maths/science subject and rejecting her after documents verification stage by stating that the method subjects of the petitioner at B.Ed. Level are not in consonance to the Government Resolution dated 11.01.2021 is illegal, arbitrary, against the settled principles of law, ultra vires to Article 14 of the Constitution of India and therefore Your Lordships may be pleased to direct the respondent authorities to appoint the petitioner to the post of subject teacher of maths/science apropos to the advertisement which is issued by the respondent committee (at Annexure-A) Page 27-28 for which the petitioner had applied and was called for documents verification (at Annexure-E Page 54-56), as the petitioner stands entitled to the said post as she has cleared her Teacher Aptitude Test with subject of science and technology/maths (at Annexure-C Page 49) and therefore, she is entitled to be appointed for the post of teacher in the non-government grant-in-aid school at secondary school for subject teacher of maths/science and the criteria laid down below government Regulation dated 11.01.2021 for possession B.Ed. Degree by having method subjects of maths and science and, technology be read down and prescribed as maths and/or science and technology method subjects;
(C) Your Lordships may be pleased to hold and declare that the Government Resolution dated 11.01.2021 issued by the Respondent Education Department (at Annexure-H (Colly.), Page 59-63 qua prescribing the method subjects of maths and science and technology for appointment of teachers for the subject of maths and science and technology at Sr. No.11 below Appendix-3, below Regulation 20(3) of the Gujarat Secondary and Higher Secondary Regulations, 1974, is illegal, arbitrary, unfounded and therefore the same may be declared as ultra vires to Article 14 and Article 15 of the Constitution of India;
(D) Your Lordships may be pleased to further her hold and declare that the petitioner stands entitled to be appointed as subject teacher of maths/science (maths and science and technology at secondary education level), as the requirement of method subject of maths with that of science and technology should be read down and prescribed as maths AND/OR science and technology metohod subject would be requisite qualification of method subjects in the B.Ed. Degree for appointment to the post of subject teachers of maths and science and technology (maths/science) at the secondary education level for appointment to the post of teacher and accordingly the respondent authorities may be directed to issue appointment order to the petitioner in respect of the same;
(E) During the pendency, hearing and final disposal of the petition, Your Lordships may be pleased to direct the respondent authorities to issue appointment order in favour of the petitioner by including her in the merit list AND/OR Your Lordships may be pleased to direct the respondent state authorities to keep one post vacant qua the subject teacher of maths/science in non-government grant-in-aid schools at secondary level apropos to which the advertisement (at Annexure – A) was issued;
(F) Your Lordships may be pleased to grant ex parte interim relief in terms of Prayer (E).
(G) …”
3. The short question that arises for the consideration of this Court in this petition is whether the candidate, who has studied B.Ed. in the subject for whi
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