DAXABEN KUBERBHAI PANDYA Vs. P V PATEL

JUDGEMENT

(1.) The petitioner challenges the constitutionality of Schedule-I of the Gujarat Panchayat Service (Recruitment of Primary Teachers), Rules, 1970, on the ground that the qualifications for eligibility for appointment of a candidate as Primary Teacher laid down therein are violative of fundamental rights of the petitioner guaranteed by Articles 14, 16 and 19 of the Constitution.

(2.) According to the petitioner, she had passed Secondary School Certificate Examination of the Maharashtra Secondary School Certificate Board with Gujarati as medium of instruction in June, 1982. Thereafter, she successfully completed Diploma in Education from a college aided by the Maharashtra Government. She shifted from Maharashtra to Gujarat in 1985 and pursuant to an advertisement dated 3rd October, 1986, by which applications were invited for the post of Primary Teachers by the District Primary Education Committee, Bhavnagar, she applied for the same. According to her, she was called for interview on 12.12.86 and she was placed in the select list. There is nothing placed on record to show that she was selected. The petitioner was informed by letter dated 18th September, 1987 (copy at Annexure:A to the petition) that she was not qualified for appointment as Primary Teacher as per the Gujarat Panchayat Service (Recruitment of Primary Teachers) Rules, 1970, because, she was not holding Secondary School Certificate of the Gujarat Secondary School Examination Board.

(3.) It was contended on behalf of the petitioner that in the advertisement which was issued as per Annexure:B to the petition, the educational qualification required was S.S.C. and it was not mentioned that S.S.C. should be of the Gujarat Board. It was submitted that the petitioner had passed Secondary School Certificate Examination through Gujarati medium from the Maharashtra Board and there was no valid reason to discriminate against the petitioner vis-a-vis those who had passed their S.S.C. examination from the Gujarat Board. The provisions of the Rules requiring the eligibility qualification of Secondary School Examination Certificate of the Gujarat Board were, therefore, violative of Articles 14 and 16 of the Constitution.