Gujarat High Court
Ansari Julaya Saquibali & 2 vs State Of Gujarat & 3 on 13 January, 2016
Author: Sonia Gokani
Bench: Sonia Gokani
C/SCA/720/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 720 of 2016
With
SPECIAL CIVIL APPLICATION NO. 428 of 2016
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ANSARI JULAYA SAQUIBALI & 2....Petitioner(s)
Versus
STATE OF GUJARAT & 3....Respondent(s)
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Appearance:
MS RV ACHARYA, ADVOCATE for the Petitioner(s) No. 1 - 3
Mr.Rashesh Rindani, AGP for the Respondent(s) No. 1
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CORAM: HONOURABLE MS JUSTICE SONIA GOKANI
Date : 13/01/2016
ORAL ORDER
1. In Special Civil Application No. 10895 of 2015 and allied matters, this Court had directed the respondent -authority to fill up the post and appoint Vidhya Sahayak/Primary Teacher in the lower primary School between standards I to V. Pursuant to such directions, the State had initiated the process for filling up those 54 posts.
2. In SCA NO. 16881 of 2015, the petitioners were belonging to minority community and were possessing the requisite qualification. Although, they have appeared in the TET examination which is a must for the said post, the result was not yet Page 1 of 7 HC-NIC Page 1 of 7 Created On Thu Jan 14 01:39:29 IST 2016 C/SCA/720/2016 ORDER published.
3. Therefore, the following order was passed:-
"Having heard both the sides and having considered the long drawn litigation in respect of recruitment process of filling up the posts of teachers in Urdu Medium School in Primary Section it can be noticed that pursuant to the detailed directions issued by this Court,out of the total posts advertised, 60 posts have already been filled-up. 51 (Fifty one) posts are still being vacant. There should be no difficulty in directing the respondent -State to initiate process to fill up these seats as well. Particularly, bearing in mind the resolutions of the State dated 26th April, 2012 and 27th April, 2011. All the petitioners have already appeared in the CTET and as per the official web-site of CBSE, result is likely to be out on or before 30th October, 2015 and therefore, in the mean time, process can be initiated by the State.
In respect of those candidates who have not cleared CTET, pursuant to the direction issued in the earlier round of litigations, respondent -State shall initiate the process of fresh recruitment, as early as possible not later than seven days from the receipt of copy of this order.
Respondent-State when undertakes such exercise those who have appeared in the CTET, Page 2 of 7 HC-NIC Page 2 of 7 Created On Thu Jan 14 01:39:29 IST 2016 C/SCA/720/2016 ORDER result of which is being awaited, shall be permitted to fill-in On-line form subject to their clearing the test.
It is being specified that those candidates shall produce their result before recruiting authority on or before 15th December, 2015 and if the same is not done within the stipulated period, beyond such period recruitment process may not be hampered.
This will in no manner affect the merit list, which has already been prepared.
With the above observations, the present petition stands disposed of.
Direct service is permitted."
4. The State has already initiated the process, as 54 posts are lying vacant. The petitioners have already applied for the CTET Examination which is to be conducted on 16th January, 2016. The last date of receiving the applications for the post which has been advertised for the post of Vidhya Sahayak in Urdu Medium School is 16.01.2016.
5. The petitioners herein have applied for the post of Vidhaya Sahayak for which the advertisement was published on 1.1.2016. Fifty four (54) posts are advertised for Vidhaya Sahayak for Urdu Medium Primacy Schools which require passing of the Teachers Eligibility Test (TET). The last date for filling up the post is 16th January, 2016. It is the say Page 3 of 7 HC-NIC Page 3 of 7 Created On Thu Jan 14 01:39:29 IST 2016 C/SCA/720/2016 ORDER of the petitioners that they have already applied for CTET examination which is to be held on 16th January, 2016. The petitioners are relying on the Government Resolution (GR) of the State Government dated 27.4.2011 which clearly states that it is the discretion of the Selection Committee to permit the candidates to apply for the post of Vidhya Sahayak pending their TET result.
6. The petitioners appear to have already approached the Selection Committee. However on account of the fact that the applications are invited On-line, the Selection Committee chose not to intervene in the same.
7. Ms. R.V. Acharya, learned advocate appearing for the petitioners has urged that the petitioners are all 39 in numbers and they are to appear for the CTET examination which is to be conducted on 16.1.16. The last date of accepting the application On-line as per the advertisement issued on 1.1.2016 for filling up 54 posts of Vidya Shayak in Urdu Medium School is 16.01.2016 and the petitioners therefore, be permitted to apply for the said post.
8. On being served with an advance copy, learned AGP Mr. Rashesh Rindani appears for the Page 4 of 7 HC-NIC Page 4 of 7 Created On Thu Jan 14 01:39:29 IST 2016 C/SCA/720/2016 ORDER respondent -State. Upon instructions which is conveyed to him, he submits that for 54 posts, the application received are 7 in numbers. Bearing in mind the resolution dated 27.4.2011, it is pointed out that it is the discretion of the Selection Committee to extend the date for producing the result of the CTET examination so also of allowing filling up of the forms even without clearing such examination, if already applied for/appeared therein.
9. Admittedly, the Selection Committee has shown his inability to help the petitioners, although all the petitioners have applied for CTET Examination .
10. As conveyed to this Court, the total number of applications received for the said post are only 7 against the 54 posts advertised. The discretion in the instant case could have been exercised by the Selection Committee, however, as the petitioners have already applied for the CTET examination and otherwise when they possess requisite qualification for being considered for the post of Vidhya Sahayak where there is acute dearth of teachers, these petitions deserve to be allowed with certain conditions .
11. Upon instructions, Ms. Acharya submits that Page 5 of 7 HC-NIC Page 5 of 7 Created On Thu Jan 14 01:39:29 IST 2016 C/SCA/720/2016 ORDER petitioners shall not claim of seniority over those candidates who have already cleared the CTET Examination and are likely to be selected in the said process. According to her, the result of the CTET is likely to be out in the month of April, 2016, however only after examination is conducted, the schedule of the result will be known.
12. In view of the discussion above, petitions are allowed. The respondent -authority shall permit the petitioners to apply for the said post and also shall permit to appear for the examination. The petitioners shall be required to produce their mark- sheets of CTET examination before recruitment authority and the respondent -authority shall consider the same in accordance with prevalent rules and regulations and decide the fate of each application. This permission shall not in any manner hamper the rights of the State to appoint those candidates who would apply till the last date of receipt of application and who would have already cleared the CTET Examination.
13. It is being specified that the petitioners shall produce their results of CTET within three days on receipt of their results before the recruiting authority and which shall not be later than 30th Page 6 of 7 HC-NIC Page 6 of 7 Created On Thu Jan 14 01:39:29 IST 2016 C/SCA/720/2016 ORDER April, 2016.
14. Since in the On-line application Form, requirement of CTET is mandatory, the petitioners are permitted to approach the respondent No.4 for getting copy of the form.
Learned AGP upon instructions, ensures that if forms are submitted to the respondent No.4 before the stipulated date, such authority will accept the same.
With the above directions and observations, petitions are disposed of in the above terms.
Direct service is permitted today.
(MS SONIA GOKANI, J.) BINA Page 7 of 7 HC-NIC Page 7 of 7 Created On Thu Jan 14 01:39:29 IST 2016