Gujarat High Court
Kantaben Zaverbhai Desai vs State Of Gujarat & 2 on 2 February, 2017
Author: Sonia Gokani
Bench: Sonia Gokani
C/SCA/1861/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 1861 of 2017
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KANTABEN ZAVERBHAI DESAI....Petitioner(s)
Versus
STATE OF GUJARAT & 2....Respondent(s)
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Appearance :
MR GAURAV CHUDASAMA, ADVOCATE for the Petitioner(s) No. 1
MS ASMITA PATEL, ASST. GP for the Respondent(s) No. 1
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CORAM HONOURABLE MS JUSTICE SONIA GOKANI
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Date : 02/02/2017
ORAL ORDER
1. The petitioner has passed degree in Bachelor of Rural Studies (for short 'BRS') after completing three years' course in various subjects from Mahila Gram Vidhyapith, affiliated with Hemchandracharya North Gujarat University, which is eligible to receive assistance in terms of the Rules framed under section 12(B) of the University Grant Commission (hereinafter referred to as 'the UGC') Act, 1956.
2. The petitioner cleared his degree in Bachelor of Education in the year 2006 and the Master's Page 1 of 9 HC-NIC Page 1 of 9 Created On Sat Feb 04 00:42:47 IST 2017 C/SCA/1861/2017 ORDER Degree in Arts from the Gujarat Vidhyapith. The respondentauthority issued an advertisement for the examination of Head Teachers' Aptitude Test (hereinafter referred to as 'the HTAT') in the year 2015 and she has cleared that examination as well.
3. Pursuant to the recruitment of 1000 Head Teachers, she desired to appear for the same on having cleared HTAT. It is her grievance that the notification dated September 22, 2016, being "the Head Teacher, ClassIII, in the subordinate service of the Directorate of Primary Education or respective District or Municipal Primary Education Committee, Recruitment Rules, 2016", provides for only Bachelor Degree obtained from any of the Universities or institutions established or incorporated by or under the Central or State Act in India or any other educational institution recognised as such by the Government or declared as deemed University under section 3 of the UGC Act, 1956 and, therefore, any denial on the part of the respondent authority to allow us to participate is in Page 2 of 9 HC-NIC Page 2 of 9 Created On Sat Feb 04 00:42:47 IST 2017 C/SCA/1861/2017 ORDER violation of these Rules as well. The petitioner is before this Court praying for the following substantial reliefs :
"16B. Your Lordships be pleased to issue a writ of Mandamus or any other appropriate writ and or direction and order to respondent no.2 and 3 to accept the form of Head Teacher Recruitment of the present petitioner and allow her to take part in the recruitment process of the Head Teacher.
C. Your Lordships be pleased to issue a writ of Mandamus or any other appropriate writ and or direction and order to respondents to quash and set aside advertisement Dt.22.01.2017 issued by the respondent no.2 and 3.
D. Your Lordships be pleased to quash and set aside the resolution Dt.22.09.2016 and resolution Dt.20.01.2017 issued by the respondent no.2 and 3."
4. This Court has heard Shri Gaurav Chudasama, learned counsel appearing for the petitioner. He has urged that Mahila Gram Vidhyapith, Taluka Kalol, District Gandhinagar, is eligible to receive assistance in terms of the Rules framed Page 3 of 9 HC-NIC Page 3 of 9 Created On Sat Feb 04 00:42:47 IST 2017 C/SCA/1861/2017 ORDER under section 12(B) of the UGC Act, 1956, since the year 1986. He further points out that the Government Resolution dated October 05, 1991, equated the degree of B.R.S. awarded by the Mahila Gram Vidhyapith and two other institutions with the degree of Bachelor of Arts (for short 'B.A.').
4.1 He has also pointed out that on earlier occasion, a petition being Special Civil Application No.6593 of 1997 was preferred, wherein it was challenged that in view of the syllabus of the degree of B.R.S., it cannot be considered equivalent to the degree of B.A. In pursuance of Government Resolutions dated October 05, 1989 and October 05, 1991, the Court has held that two departments of the respondentState cannot take different stands. When the degree in B.R.S. has been equated with the degree in B.A. It also further held that if there is any doubt, the only proper remedy is to apply to the All India Institute of Equivalence and then to apply to the State Government in that regard for recalling or Page 4 of 9 HC-NIC Page 4 of 9 Created On Sat Feb 04 00:42:47 IST 2017 C/SCA/1861/2017 ORDER modification of the Government Resolutions. He further urges that an intracourt appeal was preferred against such order being Letters Patent Appeal No.1348 of 1997, wherein the Division Bench of this Court upheld the order of the learned Single Judge by holding that those who are holders of degree in B.R.S. would be considered equivalent to those holding the degree in B.A.
5. Ms.Asmita Patel, learned Assistant Government Pleader, has urged that the said Recruitment Rules, 2016, provides that the possession of Bachelor Degree obtained from any of the Universities or institutions established or incorporated by or under the Central or State Act in India or any other educational institution would be valid. The degree held by the petitioner is not a valid degree under the Rules and, therefore, no interference may be made.
6. Having thus heard both the sides, in the opinion of this Court, the issue in question is no longer res integra. On the earlier occasion, when a Page 5 of 9 HC-NIC Page 5 of 9 Created On Sat Feb 04 00:42:47 IST 2017 C/SCA/1861/2017 ORDER challenge was made to the degree in B.R.S., which was not considered equivalent to the degree in B.A. by one of the Departments of the Government and as the petitioner of Special Civil Application No.6593 of 1997 was not called for interview, this Court (Coram : N.N. Mathur, J.) did not uphold the action of the respondent authority. This Court in the said decision also referred to both the Government Resolution dated October 05, 1989 and October 05, 1991 passed by the General Administration Department, wherein after a long discussion with the Gujarat Public Service Commission it was resolved that the degree in B.R.S. awarded by three institutions indicated in such Government Resolution would be considered equivalent to the decree in B.A. awarded by any recognised University for recruitment to the posts and services falling under the Gujarat State and one of them is Mahila Gram Vidhyapith from where the present petitioner has obtained his degree in B.R.S. Further, the Division Bench in Letters Patent Appeal No.1348 of 1997, has upheld the said decision of the Page 6 of 9 HC-NIC Page 6 of 9 Created On Sat Feb 04 00:42:47 IST 2017 C/SCA/1861/2017 ORDER learned Single Judge. In the wake of the same, the degree in B.R.S. is considered to be equivalent to the degree in B.A. and thus, when the same has been considered valid, no challenge could be made by the respondentState by challenging its own decision of recognising the degree in B.R.S. being equivalent to the degree in B.A.
7. So far as the reliance on the notification dated January 18, 2012, issued by the Education Department of having permitted the petitioner to appear in the HTAT on the very degree is concerned, even if is not regarded, there is sufficient material with the Court to allow the present petition and direct the authority to consider his case by equating his degree in B.R.S. with the degree in B.A. and permit him to compete for such post.
8. For the foregoing reasons, the present petition succeeds and the same is, accordingly, allowed. The respondent No.2 is directed to consider the degree of the petitioner in B.R.S. as equivalent Page 7 of 9 HC-NIC Page 7 of 9 Created On Sat Feb 04 00:42:47 IST 2017 C/SCA/1861/2017 ORDER to the degree in B.A. and permit him to fill in the application form accordingly. At this stage, it is clarified that since tomorrow i.e. February 03, 2017, is the last date for acceptance of the application form and as the software for online application does not support filling in such application form, the petitioner shall visit the office of the respondent No.2 at Gandhinagar at "Office of the Director of Primary Education, B.R.C. Bhavan, Behind Civil Hospital, Sector12, Gandhinagar", and submit the physical application form to the respondent No.2 tomorrow i.e. on February 03, 2017, anytime between 1100 a.m. and 0600 p.m., and if such physical application form is submitted by the petitioner, the respondent No.2 is directed to accept such physical application form from the petitioner and consider his case for the very post.
A copy of this order be provided to the learned Assistant Government Pleader for its onward communication.
Page 8 of 9 HC-NIC Page 8 of 9 Created On Sat Feb 04 00:42:47 IST 2017 C/SCA/1861/2017 ORDER It is also clarified that the learned Assistant Government Pleader has already intimated regarding the present order to the officer who is present in the Court today. Disposed of accordingly.
Direct Service is permitted.
(MS SONIA GOKANI, J.) Aakar Page 9 of 9 HC-NIC Page 9 of 9 Created On Sat Feb 04 00:42:47 IST 2017