Gujarat High Court
Gujarat Rajya Ashram Shala Karmachari ... vs State Of Guajrat Thr' Addl. Secretary & 4 on 28 December, 2005
SCA/23626/2005 1/3 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION No. 23626 of 2005
With
SPECIAL CIVIL APPLICATION No. 9134 of 2005
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GUJARAT RAJYA ASHRAM SHALA KARMACHARI SANGH - Petitioner(s)
Versus
STATE OF GUAJRAT THR' ADDL. SECRETARY & 4 - Respondent(s)
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Appearance :
MR Y N Oza with Mr SAURABH J MEHTA for Petitioner(s) : 1,
Mr S P Hasurkar, asstt.GOVERNMENT PLEADER for Respondent(s) : 1,
None for Respondent(s) : 2 - 5.
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CORAM : HONOURABLE MR.JUSTICE KSHITIJ R.VYAS and HONOURABLE MR.JUSTICE AKSHAY H.MEHTA Date : 28/12/2005 ORAL (COMMON) ORDER (Per : HONOURABLE MR.JUSTICE AKSHAY H.MEHTA) These matters are listed for final hearing today. But due to paucity of time, it is not feasible for the Court to hear it fully and decide the same finally. Hence on the question of grant of interim relief, the learned Advocates have been heard at length.
2. According to Mr Y N Oza, learned Senior Advocate appearing with Mr Saurabh Mehta for the petitioners, the Government circular/ communication dated 19.3.1996 issued by the Director of Primary Education, State of Gujarat, Gandhinagar requiring lien to be granted HC-NIC Page 1 of 3 Created On Tue Apr 05 01:54:24 IST 2016 SCA/23626/2005 2/3 ORDER only in cases of those candidates who are liable to be selected on merits according to the guiding principles for recruitment of Primary Teachers is arbitrary, discriminatory and it is required to be quashed and set aside. Even by way of interim relief, he has prayed for stay of the operation of the said direction. As against this, Mr S P Hasurkar, learned AGP appearing for the respondents, has submitted that most of the teachers employed in Ashram Shala are trained teachers and, therefore, if they are to be retained or absorbed in other schools in the event of closure of Ashram Shala or to be treated as surplus, there will be unnecessary burden on public exchequer. He has further submitted that at present there is no such apprehension of any Ashram Shala being closed down and, therefore, this request is premature.
2. After considering the averments made in the petition as well as the submissions made by the learned Advocates for the parties, by way of interim relief, the respondents are directed that insofar as educationally qualified teachers, who are employed in Ashram Shala are concerned, at present the Government circular/communication dated 19.3.1996 is stayed and it will not apply to cases of qualified teachers, pending hearing and final disposal of this petition. It is clarified that the directions contained in the last para of the said circular that every candidate to undergo the selection process will not apply in the cases of educationally qualified HC-NIC Page 2 of 3 Created On Tue Apr 05 01:54:24 IST 2016 SCA/23626/2005 3/3 ORDER teachers working in the Ashram Shala and in the event of closure of the school, they will be treated as surplus teachers and that the lien shall continue. The aforesaid direction is subject to the final outcome of the petitions.
Office is directed to list both the matters for hearing on 1.2.2006.
[Kshitij R Vyas, J.] [Akshay H Mehta, J.] msp HC-NIC Page 3 of 3 Created On Tue Apr 05 01:54:24 IST 2016