IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 2565 of 2016 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE MAULIK J.SHELAT ==========================================================

Approved for Reporting Yes No ✓

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BHASKARRAI JAGJEEVANBHAI OZA Versus STATE OF GUJARAT & ORS.

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Appearance:

MS. SANGEETA PAHWA FOR THAKKAR AND PAHWA ADVOCATES(1357)

for the Petitioner(s) No. 1 MS. FORUM B. SUKHADWALA, AGP for the Respondent(s) No. 1,2,3 ==========================================================

CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT Date : 13/02/2026

ORAL JUDGMENT

1. Heard Ms. Sangeeta Pahwa, learned advocate appearing on behalf of Thakkar and Pahwa Advocates for the petitioner and Ms. Forum B. Sukhadwala, learned AGP for the respondents – State, at length.

2. The present writ petition is filed under Articles 14, 16, and 226 of the Constitution of India, inter alia, seeking following reliefs:

“(A) YOUR LORDSHIPS may be pleased to issue appropriate writ, order or direction and be pleased to quash and set aside the impugned order dated 8.12.2015 made by respondent no.3 and further be pleased to direct the respondents to upgrade the petitioner w.e.f. 21.9.1988 as well as grant first higher pay scale w.e.f. 21.9.1997 and second higher pay scale w.e.f. 24.10.2012 within time bound schedule, as may fixed by this Hon'ble Court, in the interest of justice;

(B) YOUR LORDSHIPS may be pleased to direct the respondents to decide representation of the petitioner for granting upgradation to the petitioner w.e.f. 21.9.1988 as well as granting first higher pay scale w.e.f. 21.9.1997 and second higher pay scale w.e.f. 24.10.2012 within one month before the returnable date, pending the admission, hearing and final disposal of this petition;

(C) YOUR LORDSHIPS be pleased to grant such other and further reliefs as may be deemed fit and proper are deemed fit, in the interest of justice;”

3. BRIEF FACTS:

3.1 It is the case of the petitioner that the petitioner was appointed to the post of Assistant Teacher, Nawanagar Government High School, Jamnagar, (hereinafter referred to as “School”) on 21.09.1988, and was upgraded to Balambha Government High School (Rural) on the basis of seniority as well as eligibility on

01.06.1992. The petitioner became eligible for first higher pay scale on 21.09.1997 on completion of nine years of service from 21.09.1988 and upon completion of twelve years of service, became eligible for second pay scale. Though the petitioner made representation to grant him the higher pay scale, however, respondent No.3 - District Education Officer, did not pay any heed to the same. Apart from the same, the petitioner has also requested to grant the benefit of upgradation as is given to other similarly situated teachers, who are either junior or senior to the petitioner. According to the petitioner, he was eligible to receive the first higher pay scale on 21.09.1997 and the second higher pay scale on 24.10.2012, along with the benefit of upgradation. Having not received any response from the respondent-Authority, the petitioner constrained to approach this Court by way of Special Civil Application No. 16138 of 2018, wherein this Court vide its order dated 06.10.2015 directed respondent No. 3 to consider the case of the petitioner.

3.2 Apropos to the aforesaid direction, respondent No. 3, vide its impugned order dated 08.12.2015, rejected the claim of petitioner only on the ground that the petitioner does not possess the requisite qualification and as such, as per Government Resolution dated 08.10.1990, any teacher possessing lesser educational qualification after the date of the said resolution, cannot be appointed as a teacher in a higher secondary school.

3.3 It is further the case of the petitioner that the as per the aforesaid resolution dated 08.10.1990, the lesser qualification prescribed was a third c