NINAMA UDESINH LIMABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal connected with other appeals arise out of a common judgment and order of learned Single Judge dated 25.03.2009 passed in Special Civil Application 10801 of 2003 with Special Civil Application Nos. 4122 of 2001, 11646 to 11753 of 2003. In the writ petitions, orders dated 07.04.1998 and 22.04.1999 passed by the State Government were under challenge before the Learned Single Judge.

(2.) IN this group of writ petitions, the Petitioners have challenged the orders dated 7th April, 1998 and 22nd April, 1999 made by the State Government in exercise of power of review conferred by Section 24(4) of the Bombay Primary Education Act, 1947 [hereinafter referred to as "the Act"]. By Circular dated 2nd January, 1990, the State Government decided to fill -in the vacant posts of Primary School Teachers reserved for Scheduled Tribe candidates under the District Primary Education Committees. For this purpose, concession in respect of the required educational qualification was allowed i.e., the candidates who had passed SSC examination were considered eligible for appointment as primary school teacher. The requirement of Primary Teachers' Certificate was done away with.

(3.) LEARNED Counsel Mr. R.D. Dave for the Appellants/original Petitioners has urged that the learned Single Judge while dismissing writ petitions on 25.03.2009, which gives rise to the present group of appeals, has not considered the judgment dated 27.12.2000 passed by another learned Single Judge of this Court in Special Civil Application No. 11317 of 2000 and allied matters and has only relied on the decision of the learned Single Judge dated 01.10.2004 passed in Special Civil Application No. 18219 of 2003.