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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
N.V.ANJARIA, PRANAV TRIVEDI, JJ.
Deepa Ramswaroop Saraswat – Appellant
Versus
Commissioner Of Schools & Ors. – Respondents
R/Letters Patent Appeal No. 708 of 2022 In R/Special Civil Application No. 7089 of 2017 With R/Letters Patent Appeal No. 711 of 2022 In R/Special Civil Application No. 6415 of 2017
Decided on : 21-02-2024
Medium of Instruction - Eligibility for Teaching Post - Secondary Education Regulations, 1974 - Labana Lalitkumar Kanwarji vs. State of Gujarat - J. Ranga Swamy v. Government of Andhra Pradesh - P.U. Joshi v. Accountant General, Ahmedabad - Chandigarh Administration through Director of Public Instructions (Colleges), Chandigarh v. Usha Kheterpal Waie
Fact of the Case:
The appellants sought appointment as Secondary Teachers in Government Secondary Schools but were denied on the ground of not having studied in the same medium of instruction as the school. They filed petitions seeking declaration of the action as illegal and appointment as Teachers with consequential benefits.
Finding of the Court:
The Court held that the requirement for candidates to have obtained Bachelor and Masters Degrees in the same medium as the school's medium of instruction was valid and rational. It emphasized the importance of foundational degree and medium of instruction in acquiring expertise to teach in the same medium.
Issues: The main issue was whether candidates who had not studied in the same medium as the school's medium of instruction could be considered eligible for the teaching post.
Ratio Decidendi: The Court relied on the Secondary Education Regulations, 1974 and the judgment in Labana Lalitkumar Kanwarji vs. State of Gujarat to establish the rationality and validity of the requirement for candidates to have studied in the same medium as the school's medium of instruction.
Final Decision: The Court dismissed both appeals, upholding the judgment and order of the learned Single Judge, and declared that no interference was called for in exercise of Letters Patent jurisdiction.
JUDGMENT :
PRANAV TRIVEDI, J.
Letters Patent Appeal No. 708 of 2022 was heard on 05.02.2024, whereas Letters Patent Appeal No. 711 of 2022 was heard on 06.02.2024. However, both these Letters Patent Appeals have common issue of law, therefore they are taken up together for deciding the issue.
2. Both these Letters Patent Appeals under clause 15 of the Letters Patent is directed against the judgment and order dated 12.04.2022 of learned Single Judge whereby the Special Civil Applications came to be dismissed rejecting the prayer made in the petitions.
2.1 The appellants - original petitioners prayed before learned Single Judge to declare that the action on the part of the respondents in not offering appointment to the petitioners in the Government Secondary School at Bhavnagar as Secondary Teacher was illegal.
2.2 It was next prayed to declare that the action on the part of the respondents was to appoint meritorious candidates than the petitioners on the post in question, which was unjustified.
2.3 The third limb of the prayer was to direct the respondents to appoint the petitioners as Teacher from 01.07.2017 and to pay her all the consequential service benefits.
3. Insofar as Letters Patent Appeal No. 708 of 2022 is concerned, the facts involved were that pursuant to the advertisement issued by respondent no.3 Gujarat State Secondary and Higher Secondary Staff Selection Committee for the post of Sikshan Sahayak in the Government secondary schools, the petitioner made online application. The petitioner had her graduation and the masters degree in Hindi medium and her main subject was English in the Masters course.
3.1 According to the petitioner, she was qualified and though the name was included in the selection list, when her testimonies were verified, she was not considered eligible to be appointed and was denied appointment. It was on the ground that the petitioner had passed her graduation in Hindi medium.
3.1.1 It was stated that the petitioner completed her graduation in Bachelor of Science and Master in Science from Maharshi Dayanand Saraswati University, Ajmer and did her degree course in Hindi medium. The petitioner passed B.Ed. course also in Hindi medium. Thereafter, the petitioner cleared Teachers Aptitude Test (TAT) in English subject.
3.1.2 On 22.03.2017, the petitioner was called to remain present for the purpose of selection before the Committee. When the certificates and documents were verified and finally, the petitioner was denied eligibility to hold the course on the ground that the petitioner did graduation with medium of instructions to be Hindi. Therefore, the petitioner filed the petition seeking the above prayers.
3.2 Insofar as Letters Patent Appeal No. 711 of 2022 is concerned, the facts involved were that were that pursuant to the advertisement issued by respondent no.3 Gujarat State Secondary and Higher Secondary Staff Selection Committee for the post of Sikshan Sahayak in the Government secondary schools, the petitioner made online application. The petitioner had her graduation and the masters degree in Hindi medium and her main subject was English in the Masters course.
3.2.1 According to the petitioner, she was qualified and though the name was included in the selection list, when her testimonies were verified, she was not considered eligible to be appointed and was denied appointment. It was on the ground that the petitioner had passed her graduation in Hindi medium.
3.2.2 It was stated that the petitioner completed her graduation in Bachelor of Arts from University in Meerut and did her degree course in Hindi medium. The petitioner passed B.Ed. course also in Hindi medium. Thereafter, the petitioner cleared Teachers Aptitude Test (TAT) in English subject.
3.2.3 On 22.03.2017, the petitioner was called to remain present for the purpose of selection before the Committee. When the certificates and documents were verified and finally, the petitioner was denied eligibility to hold the course on the ground that t
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