BHARATBHAI NATHUBHAI BARIA Vs. STATE OF GUJARAT
LAWS(GJH)-2021-9-666
HIGH COURT OF GUJARAT
Decided on September 15,2021

Bharatbhai Nathubhai Baria Appellant
VERSUS
STATE OF GUJARAT Respondents

JUDGEMENT

R.M.CHHAYA - (1.)Identical questions of law arises in these petitions and hence, both the petitions were heard together and were disposed of by this common judgment and order.
(2.)By way of these petitions under Art. 226 of the Constitution of India, the petitioners in both the petitions have challenged the validity of Rule 4(b)(1) of the Recruitment Rules to the post of Head Teachers, Class III in the subordinate services of the Directorate Primary Education and District Primary Education Committee or Municipal Primary Education Committees Rules, 2016 (hereinafter referred to as the "Rules of 2016").
(3.)In SCA No. 2601 of 2017, the petitioner possesses degree of Bachelor in Rural Studies and Master Degree in Rural Studies and is also possessing degree of Bachelor in Education from Saurashtra University. Whereas, in SCA No. 2602 of 2017, the petitioner possesses Degree of Bachelor of Computer Application (BCA) and PTC from North Gujarat University. In both the cases, the petitioners are serving in school as Teacher and in both these petitions, the petitioners have challenged the constitutional validity of vires of the Rules of 2016.


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