R.BALIA, J. - (1.)Heard learned Counsel for the parties. It is noticed that in the circumstances narrated to be hereinafter, the issue is coming up time and again before this Court. The petitioners are all appointed as teachers at the primary school for teaching the primary classes. The qualification prescribed for recruitment of primary teachers under the Recruitment Rules of 1976 is Primary Teaching Certificate examination. The petitioners all hold requisite academic qualification and also hold degree of B.Ed. However, they did not hold specific Primary Teaching Certificate. On the promulgation of Recruitment Rules of 1976 a stand was taken by the State Authorities that those persons holding B.Ed. degree after promulgation of Recruitment Rules could not be considered as a trained primary teachers unless they hold Primary Teaching Certificate. In other words, holder of B.Ed. Degrees after the Recruitment Rules, 1976 came into force were not treated as trained Primary Teachers to be regarded as such and entitled to pay scale applicable to trained primary teachers. Those B.Ed. qualified teachers appointed after 1976 were offered pay scale of untrained teachers if their services were not terminated. In the first instance, the controversy arose in Satishchandra Bhailalbhai Shah v. State of Gujarat reported in 1984(1) G.L.R. 65.5 Specific issue which rose before the Court was while some of the petitioners who had passed B.Ed. examination before January 1976 were considered as trained teachers while those who have passed B.Ed. Examination after January 1976 were not considered as trained teachers. In the wake of promulgation of Recruitment Rules the Government by issue of notification has exempted teachers who had passed B.Ed. examination prior to January 1976 whereas those who had passed B.Ed. examination after January 1976 were not considered qualified for the higher grade applicable to qualified trained primary teachers. The challenge to this stand of the Government in denying B.Ed. trained teachers to the status of primary teachers was upheld by the Court. It was observed by the Court:
"It is not disputed that the graduates who have obtained B.Ed. degree are recognised as teachers for teaching Primary Teaching trainees. Therefore, a person who is qualified to teach Primary Teaching Certificate trainees cannot be said to be not qualified for teaching primary school students. If the petitioners are possessing higher qualification, on that ground they cannot be denied lower posts of trained primary teachers."

(2.)In view of the aforesaid finding the Court directed that the petitioners were entitled to higher grade qualified teachers in the respective primary schools. The cut off date in granting exemption was held to be artificial having no rational nexus with the objective.
(3.)It may be noticed that when the aforesaid controversy had arisen and decision was rendered, the Circular dated 1-7-1978 Annexure-A which is now sought to be pressed into service by the State was in existence and was placed before the Court. The contention of the State was rejected notwithstanding the Circular.