Gujarat High Court
Dineshkumar Ishwarbhai Sakariya vs State Of Gujarat on 12 October, 2020
Author: Biren Vaishnav
Bench: Biren Vaishnav
C/SCA/10179/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 10179 of 2020
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DINESHKUMAR ISHWARBHAI SAKARIYA & 5 other(s)
Versus
STATE OF GUJARAT & 2 other(s)
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Appearance:
MR SAMIR B GOHIL(5718) for the Petitioner(s) No. 1,2,3,4,5,6
MR HS MUNSHAW(495) for the Respondent(s) No. 3
MR.K.M.ANTANI, AGP for the Respondent(s) No. 1,2
NOTICE SERVED(4) for the Respondent(s)
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CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV
Date : 12/10/2020
ORAL ORDER
1. In this petition under Article 226 of the Constitution of India, the petitioners have prayed that, a direction be issued to absorb the petitioners as Higher Primary Teachers by completing the exercise initiated vide letter dated 14.06.2019 within three months and further direct the respondent not to organize inter district camp for higher primary teachers in Botad District till entire process is over.
2. The case of the petitioners as submitted by Mr.Samir Gohil learned advocate for the petitioners is that though instructions have been given to all District Primary Education Officers to invite options from the lower primary teachers like the present petitioners, for absorption in the upper primary section, except the District of Botad, all other Districts have complied with the directions of the Director of Primary Education dated 14.06.2019.
3. Mr.H.S.Munshaw learned counsel appearing for the respondent no.3 has filed an affidavit in reply. Mr.Munshaw has invited the attention of the Court to the resolution dated 19.02.2014 for Page 1 of 3 Downloaded on : Mon Oct 12 22:38:57 IST 2020 C/SCA/10179/2020 ORDER absorption of Vidhya Sahayaks in the upper primary education section. He submitted that the options are invited from the teachers of the subjects of maths, science and social science on the basis of vacancy in the upper primary section of the District.
4. It is submitted that there are 215 upper primary sections in the schools of District of Botad. In the last camp held on 10.05.2017, 18 primary school teachers were given the benefit inasmuch as five language teachers, two maths and science teachers and 11 social science teachers were given benefit of option.
5. He would further submit that the strength of teachers for a particular subject to the upper primary education section is required to be determined on the basis of strength of the students as on 31st of August of each year. As per the situation as on 31.08.2019, there are in all 32 surplus teachers in the subject of language. There is a deficit of 15 teachers from the subjects of maths and science and deficit of 17 teachers for the subject of social science. He would submit that 857 teachers are officiating in the upper primary education section in the district of Botad as against 854 sanctioned posts. 53 primary teachers including the petitioners have applied for absorption/option for upper primary education section. Unless and until the camp is held to adjust the surplus and deficit teachers on the basis of strength as on 31.08.2019 and in view of the fact that the Director of Primary Education has yet not instructed to hold the camp, it is not possible to hold the camp for those teachers who have opted for upper primary section.
6. Looking to these submissions and the explanations made by the deponent of the affidavit in reply of the respondent no.2, when the respondent no.3 can only hold a camp, directions given by the Director of Primary Education, based on the explanation given by Page 2 of 3 Downloaded on : Mon Oct 12 22:38:57 IST 2020 C/SCA/10179/2020 ORDER the respondent no.3-District Primary Education Officer, Botad, the District Primary Education Officer is directed to consider the averments made in the reply on behalf of the respondent no.3 and the details set out in the order as above and consider the request of the petitioner and take an appropriate decision on the question of holding of such a camp.
7. Since the question of absorption of the petitioners to the upper primary education section is only a question of change of place without any extra additional financial benefits, appropriate decision in accordance with law in consonance with the position with regard to the vacancies as explained by the respondent no.3, shall be taken by the Director of Primary Education as expeditiously as possible preferably within a period of 8 weeks from the date of receipt of copy of this order.
8. Petition is disposed of with the aforesaid observations. Registry to communicate this order through E-mail.
(BIREN VAISHNAV, J) ANKIT SHAH / MEHUL B. TUVAR Page 3 of 3 Downloaded on : Mon Oct 12 22:38:57 IST 2020