The court established that specialized degrees can qualify for marks in teacher recruitment, emphasizing the need for a contextual interpretation of educational qualifications.

JUDGMENT :

(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)

1. ADMIT. Learned advocate Mr. Hardik Jani waives service of notice of admission on behalf of the respondent No. 1 and learned advocate Mr. Meet Shah waives service of notice of admission on behalf of respondent No.2. With consent of the respective parties, the present matters are taken up for final hearing today.

2. The present appeals emanate from the common judgment and order dated 26.08.2021 passed by the learned Single Judge in the captioned writ petitions, wherein and whereby the learned Single Judge has allowed the petitions filed by the respondent – candidates seeking appointment to the post of Shikshan Sahayak/Teacher in the Grant-in-aid Higher Secondary Schools.

3. The facts in brief as recorded by the learned Single Judge are that, pursuant to the recruitment undertaken by the State for the appointment to the post of Teacher in the Grant-in-aid Higher Secondary Schools, the original petitioners after clearing the selection process, were not appointed for the reason that their degrees in Graduate and Post Graduate do not fulfill the criteria of notification dated 11.02.2011, wherein the Teachers and Head Masters of Registered Private Secondary and Higher Secondary Schools (Procedure for Selection) Rules, 2011 (for short ‘the Rules’) are promulgated. It is the case of the State that as per the Appendix-I(3), the respondent – candidates are not entitled to additional 10 marks for their degrees of Post Graduate since they have cleared the post-graduation in the subject of ‘Industrial Chemistry’. It is contended that the graduation degree of the respondent – candidates is in ‘Chemistry’, whereas the post-graduation degree is in ‘Industrial Chemistry’. Since, they were not offered appointment, they filed the captioned writ petitions and the learned Single Judge allowed the same.

4. At the outset, learned Assistant Government Pleader Mr. Sahil Trivedi for the appellant submitted that the learned Single Judge has erred in granting the relief to the respondent - candidates by undertaking necessary exercise of comparing their degrees, which is impermissible, as per the decision of the Supreme Court. He has submitted that the issue with regard to equivalence of degree ought not have to be examined. In support of his submissions, learned Assistant Government Pleader has placed reliance on the judgment of the Supreme Court in the case of Mohd. Sohrab Khan V./s Aligarh Muslim University and Others, (2009) 4 SCC 555 and judgment dated 06.08.2024 of the Supreme Court passed in Civil Appeal No. 4468 of 2013 in the case of Shifana P. S. V/s. State of Kerala and Ors.

5. Learned Assistant Government Pleader has submitted that the petitioners-respondents had also placed reliance on the Government Resolution dated 21.12.2017, which does not have retrospective effect since the subject of ‘Industrial Chemistry’ at the post-graduation level was only introduced vide said resolution, whereas the recruitment process is prior to that and is of the year 2016. Thus, learned Assistant Government Pleader has submitted that the learned Single Judge fell in error in directing the appellant – State Authorities to appoint them to the post of Shikshan Sahayak/Teacher in the Grant-in-aid Higher Secondary Schools.

6. In response to the aforesaid submissions, learned senior advocate Mr. G. M. Joshi with learned advocate Mr.Hardik Jani appearing for the respondent No. 1 has submitted that the judgment and order passed by the learned Single Judge does not require any interference as the same is appropriately passed. At the outset, learned senior advocate Mr. Joshi has pointed out the Resolution dated 21.12.2017, which is clarificatory in nature and has submitted that the intention of the State Government in introducing such resolution was that the candidates like the respondents, who possess postgraduation degree in Industrial Chemistry, can be appointed to the post and their cases cannot be excluded on the bas