Gujarat High Court
Deepa Ramswaroop Saraswat vs Commissioner Of Schools on 21 February, 2024
Author: N.V.Anjaria
Bench: N.V.Anjaria
NEUTRAL CITATION
C/LPA/708/2022 CAV JUDGMENT DATED: 21/02/2024
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 708 of 2022
In
R/SPECIAL CIVIL APPLICATION NO. 7089 of 2017
With
R/LETTERS PATENT APPEAL NO. 711 of 2022
In
R/SPECIAL CIVIL APPLICATION NO. 6415 of 2017
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE N.V.ANJARIA
and
HONOURABLE MR. JUSTICE PRANAV TRIVEDI
==================================================
1 Whether Reporters of Local Papers may be allowed to see
the judgment ?
2 To be referred to the Reporter or not ?
3 Whether their Lordships wish to see the fair copy of the
judgment ?
4 Whether this case involves a substantial question of law as
to the interpretation of the Constitution of India or any order
made thereunder ?
==================================================
DEEPA RAMSWAROOP SARASWAT
Versus
COMMISSIONER OF SCHOOLS & ORS.
==================================================
Appearance:
MS MAMTA R VYAS(994) for the Appellant(s) No. 1
MS SHRUTI DHRUVE ASSISTANT GOVERNMENT PLEADER/PP for the
Respondent(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2
UNSERVED WANT OF TIM for the Respondent(s) No. 3
==================================================
CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
and
HONOURABLE MR. JUSTICE PRANAV TRIVEDI
Date : 21/02/2024
CAV JUDGMENT
(PER : HONOURABLE MR. JUSTICE PRANAV TRIVEDI) Page 1 of 12 Downloaded on : Fri Feb 23 21:28:34 IST 2024 NEUTRAL CITATION C/LPA/708/2022 CAV JUDGMENT DATED: 21/02/2024 undefined Letters Patent Appeal No. 708 of 2022 was heard on 05.02.2024, whereas Letters Patent Appeal No. 711 of 2022 was heard on 06.02.2024. However, both these Letters Patent Appeals have common issue of law, therefore they are taken up together for deciding the issue.
2. Both these Letters Patent Appeals under clause 15 of the Letters Patent is directed against the judgment and order dated 12.04.2022 of learned Single Judge whereby the Special Civil Applications came to be dismissed rejecting the prayer made in the petitions.
2.1 The appellants - original petitioners prayed before learned Single Judge to declare that the action on the part of the respondents in not offering appointment to the petitioners in the Government Secondary School at Bhavnagar as Secondary Teacher was illegal.
2.2 It was next prayed to declare that the action on the part of the respondents was to appoint meritorious candidates than the petitioners on the post in question, which was unjustified.
2.3 The third limb of the prayer was to direct the respondents to appoint the petitioners as Teacher from 01.07.2017 and to pay her all the consequential service benefits.
3. Insofar as Letters Patent Appeal No. 708 of 2022 is concerned, the facts involved were that pursuant to the Page 2 of 12 Downloaded on : Fri Feb 23 21:28:34 IST 2024 NEUTRAL CITATION C/LPA/708/2022 CAV JUDGMENT DATED: 21/02/2024 undefined advertisement issued by respondent no.3 Gujarat State Secondary and Higher Secondary Staff Selection Committee for the post of Sikshan Sahayak in the Government secondary schools, the petitioner made online application. The petitioner had her graduation and the masters degree in Hindi medium and her main subject was English in the Masters course.
3.1 According to the petitioner, she was qualified and though the name was included in the selection list, when her testimonies were verified, she was not considered eligible to be appointed and was denied appointment. It was on the ground that the petitioner had passed her graduation in Hindi medium.
3.1.1 It was stated that the petitioner completed her graduation in Bachelor of Science and Master in Science from Maharshi Dayanand Saraswati University, Ajmer and did her degree course in Hindi medium. The petitioner passed B.Ed. course also in Hindi medium. Thereafter, the petitioner cleared Teachers Aptitude Test (TAT) in English subject.
3.1.2 On 22.03.2017, the petitioner was called to remain present for the purpose of selection before the Committee. When the certificates and documents were verified and finally, the petitioner was denied eligibility to hold the course on the ground that the petitioner did graduation with medium of instructions to be Hindi. Therefore, the petitioner filed the petition seeking the above prayers.
Page 3 of 12 Downloaded on : Fri Feb 23 21:28:34 IST 2024NEUTRAL CITATION C/LPA/708/2022 CAV JUDGMENT DATED: 21/02/2024 undefined 3.2 Insofar as Letters Patent Appeal No. 711 of 2022 is concerned, the facts involved were that were that pursuant to the advertisement issued by respondent no.3 Gujarat State Secondary and Higher Secondary Staff Selection Committee for the post of Sikshan Sahayak in the Government secondary schools, the petitioner made online application. The petitioner had her graduation and the masters degree in Hindi medium and her main subject was English in the Masters course.
3.2.1 According to the petitioner, she was qualified and though the name was included in the selection list, when her testimonies were verified, she was not considered eligible to be appointed and was denied appointment. It was on the ground that the petitioner had passed her graduation in Hindi medium.
3.2.2 It was stated that the petitioner completed her graduation in Bachelor of Arts from University in Meerut and did her degree course in Hindi medium. The petitioner passed B.Ed. course also in Hindi medium. Thereafter, the petitioner cleared Teachers Aptitude Test (TAT) in English subject.
3.2.3 On 22.03.2017, the petitioner was called to remain present for the purpose of selection before the Committee. When the certificates and documents were verified and finally, the petitioner was denied eligibility to hold the course on the ground that the petitioner did graduation with medium of instructions to be Hindi. Therefore, the petitioner filed the Page 4 of 12 Downloaded on : Fri Feb 23 21:28:34 IST 2024 NEUTRAL CITATION C/LPA/708/2022 CAV JUDGMENT DATED: 21/02/2024 undefined petition seeking the above prayers.
3.3 Therefore the short common question, but succinct issues arise in both the appeals as to whether both the appellants - original petitioners had studied in Hindi medium for obtaining Bachelor as well as Master degrees, could be considered as eligible to be posted as Sikshan Sahayak/Teacher in the Secondary and Higher Secondary School to teach in the school which imparted the education in English/Gujarat medium.
4. Heard learned advocate Ms. Mamta Vyas for the appellants and learned Assistant Government Pleader Ms. Shruti Dhruve for the respondents.
4.1 It was contended by learned advocate Ms. Vyas that the criteria regarding educational qualification prescribed under the Regulations for the post of Sikshan Sahayak would be said to be well satisfied by the appellants. It was submitted that the requirement insisted upon that the petitioners must have studied in Gujarati medium did not find its place in the provisions or the Regulations. Learned advocate Ms. Vyas has therefore submitted that the same could not have been prescribed in the advertisement and it travelled beyond the Regulations.
4.2 Reliance was placed by learned advocate Ms Vyas upon provisions of Regulation 20 of the Secondary Education Regulations, 1974. It was therefore, contended that the petitioners had also clear TAT examination to the weightage of 70% and once the petitioners were given admission in Page 5 of 12 Downloaded on : Fri Feb 23 21:28:34 IST 2024 NEUTRAL CITATION C/LPA/708/2022 CAV JUDGMENT DATED: 21/02/2024 undefined B.Ed., and also permitted to appear in TAT examination, then it would not be open for the respondents to deny the appointment and as such, it was contended that appeal may be allowed and prayers as prayed for in the appeal be granted.
4.3 Per contra, learned Assistant Government Pleader Ms. Shruti Dhruve appearing for the respondents has contended that the requirement as per the advertisement was that a candidate having studied in the same medium of instructions in which the candidate is to teach in school and such condition as provided in the advertisement were not in conflict with the Rules. It was further submitted that the respondents are competent to prescribe such condition which was rational in itself. It was further submitted that contention of the appellants that they had studied B.Ed., and had passed TAT examination was of no avail since the requisite basic qualification was obtained by studying in Hindi medium.
4.4 It was submitted that mere acquisition of TAT examination would not invest the candidate with eligibility or qualification to the appointment of Sikshan Sahayak. As regards reliance place in the case of Chetankumar Bhikhabhai Patel v. State of Gujarat rendered in Special Civil Application No. 22974 of 2019 dated 07.12.2023, it was submitted that the facts of the said case and the facts of the present case on hand were quite different. The facts in the case of Chetankumar (supra) revolve around a candidate where he did not possess post-graduation in a subject which was contrary to the subject which he can apply or in the Page 6 of 12 Downloaded on : Fri Feb 23 21:28:34 IST 2024 NEUTRAL CITATION C/LPA/708/2022 CAV JUDGMENT DATED: 21/02/2024 undefined subject he had passed TAT examination. It was on these facts, the issue so involve there was no specific condition in the advertisement with regard to the issue which is arising in the case of Chetankumar (supra). Therefore, when there was no specific condition in the advertisement prescribed in the present case on hand, and the decision in the case of Chetankumar (supra), was different and in no way could be applied to the facts of the present case.
5. Having heard learned advocates for the parties and having noticed the attendant facts, it is to be observed that condition no.8 of the advertisement in terms provided that the candidates should have obtained Bachelor and Masters Degrees in the same medium where the candidate is to teach on the post of Sikshan Sahayak. The very issue whether a candidate who has not studied in the same medium while obtaining the degree, cropped up before this Court in Labana Lalitkumar Kanwarji vs. State of Gujarat, which was Special Civil Application No. 6445 of 2017 decided on 29.03.2019. The prayer in that case was to declare that the petitioner was entitled to be appointed on the post of Sikshan Sahayak in science subject. The post was for teaching in Gujarati medium. The petitioner had studied in Hindi Medium at Udaipur University.
5.1 This Court in Labana Lalitkumar Kanwarji (supra), in paragraph 6, observed and held as under, "..adverting to the core merit in the controversy, undisputedly, out of the earned educational qualifications, the petitioner passed his B.Sc. and M.Sc.
Page 7 of 12 Downloaded on : Fri Feb 23 21:28:34 IST 2024NEUTRAL CITATION C/LPA/708/2022 CAV JUDGMENT DATED: 21/02/2024 undefined in Hindi medium. The post of Shikshan Sahayak was meant for secondary school which impart education in Gujarati as its medium of instruction. Since the appointees are to be placed in such schools and they were to teach the students in Gujarati medium, it entirely stands to reason that the prescription is provided in the qualification to become Shikshan Sahayak by placing a condition that candidature of those candidates only would be treated as acceptable who have studied and acquired all basic educational qualifications in the same medium of instructions for which they are to be posted. In other words, since the appointees are to be posted in the Gujarati medium schools, their basic qualifications obtained in the Hindi medium or the medium other than the Gujarati were not recognised."
5.2 This Court highlighted that it is only when a person studies for its basic degree in particular medium, he will acquire experience and expertise to teach in the same medium when seeks appointment as teacher. It cannot happen that a person studied in Hindi medium may be considered expert to teach in Gujarati language in Gujarati Medium class and vice-a-versa. It will be eminent that the candidate has obtained one of the degree in the same medium. It is the foundational degree and the medium of that importance.
5.3 This Court further observed in Labana Lalitkumar Kanwarji (supra) in para 6.1, "When the probable appointee is to be posted in the Gujarati medium secondary schools and are expected to teach in the medium of instructions which would be Gujarati, the providence of the requirement that the candidate must have studied in the same medium, is a requirement having rational nexus with the object Page 8 of 12 Downloaded on : Fri Feb 23 21:28:34 IST 2024 NEUTRAL CITATION C/LPA/708/2022 CAV JUDGMENT DATED: 21/02/2024 undefined sought to be achieved, the object being securing proper and smooth impartation of education in the medium concerned. It is only rational that the employing authorities have insisted upon this requirement. It stands valid to the touchstone of Article 14 of the Constitution. Reasonability and rationality always inform the spirit of Article 14. They also go with the mandate of equality in public employment, therefore sand valid to the tenets of Article 16 of the Constitution. What satisfies the test of Article 14, does meet with requirements of Article 16 of the Constitution."
5.4 In J. Ranga Swamy v. Government of Andhra Pradesh [(1990) 1 SCC 288] the Supreme Court observed to state that it is not for the Court to consider the relevance of qualifications prescribed for various posts. In Chandigarh Administration through Director of Public Instructions (Colleges), Chandigarh v. Usha Kheterpal Waie [(2011) 9 SCC 645], the issue was regarding prescription of Ph.D. as requirement for the post of College Principal. What is relevant to notice is the observation of the Supreme Court, though the background fact was slightly different than the present one, that, "when the said qualification is not unrelated to the duties and functions of the post of Principal and is reasonably relevant to maintain the high standards of education, there is absolute no reason to interfere with the provision of the said requirement as eligibility requirements."
5.5 In Usha Kheterpal Waie (supra), the Court proceeded to observe to hold, "It is now well settled that it is for the rule-making authority or the appointing authority to prescribe the Page 9 of 12 Downloaded on : Fri Feb 23 21:28:34 IST 2024 NEUTRAL CITATION C/LPA/708/2022 CAV JUDGMENT DATED: 21/02/2024 undefined mode of selection and minimum qualification for any recruitment. The courts and tribunals can neither prescribe the qualifications nor entrench upon the power of the authority concerned so long as the qualifications prescribed by the employer is reasonably relevant and has a rational nexus with the functions and duties attached to the post and are not violative of any provision of the Constitution, statute and rules. ... ... ... "
(emphasis supplied) (Para 22) 5.6 In P.U. Joshi v. Accountant General, Ahmedabad [(2003) 2 SCC 632] the principle was stated that determination of condition of service, alteration thereof by amending rules, etc., all belonging to executive policy and within the exclusive discretion of the State. Laying down the criteria and qualifications, prescribing the conditions of eligibility in addition to the basic qualification, determining the condition of appointment, selecting the yardstick to judge the suitability to the post, are the all functions in the domain of the employer.
5.7 The employing authority has to be given a free-hand in this regard for charting its own area so long the action and the decision by the employing authority do not come into conflict with or not in discordance with or do not violate any rule, statutory norm or constitutional limitation. Also, the candidate cannot unreasonably question the decisions of the employer on such score and in this sphere. It is permissible Page 10 of 12 Downloaded on : Fri Feb 23 21:28:34 IST 2024 NEUTRAL CITATION C/LPA/708/2022 CAV JUDGMENT DATED: 21/02/2024 undefined for the employer to stipulate the criteria and conditions to govern the appointment to a post.
5.8 It was held Labana Lalitkumar Kanwarji (supra) that entirely entirely logical, rational and reasonable to put a condition for appointment of candidate who would teach in the schools imparting education in the Gujarati medium instruction, that he or she would have acquired his or her basic qualification for the post in the same medium.
6. It is not possible to accept the contention that condition no.8 in the advertisement was not part of the eligibility for the purpose of appointment to the post. The essential requirement may be over and above the eligibility condition. Condition no.8 was supplemental to the eligibility requirement and it has direct nexus to the object sought to be achieved that the candidate who is selected to teach as Vidhya Sahayak in Gujarati medium, therefore has studied in Hindi medium for the basic degree would not be treated valid. A candidate has to fulfill the basic eligibility condition as well as additional essential requirements which may supplement to add to the eligibility to suit the post. The essential requirements for the post is to be treated inseparable from eligibility which could be properly prescribed by way of stipulation in the advertisement.
6.1 This Court holds and declares that the reasons supplied in Labana Lalitkumar Kanwarji (supra) are eminently just and proper and this Court is entirely in agreement with the said reasoning supplied by learned Single Judge in Labana Page 11 of 12 Downloaded on : Fri Feb 23 21:28:34 IST 2024 NEUTRAL CITATION C/LPA/708/2022 CAV JUDGMENT DATED: 21/02/2024 undefined Lalitkumar Kanwarji (supra).
6.2 For the foregoing reasons and discussion, the judgment and order of learned Single Judge books no error. No interference is called for in exercise of Letters Patent jurisdiction.
7. Both the appeals are dismissed.
(N.V.ANJARIA, J) (PRANAV TRIVEDI,J) phalguni Page 12 of 12 Downloaded on : Fri Feb 23 21:28:34 IST 2024