Gujarat High Court
Pareeliya Bharatbhai Dhudabhai vs State Of Gujarat on 29 November, 2018
Author: N.V.Anjaria
Bench: N.V.Anjaria
C/SCA/5750/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 5750 of 2017
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PAREELIYA BHARATBHAI DHUDABHAI
Versus
STATE OF GUJARAT
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Appearance:
MR SUDHANSHU JHA FOR MS PRABHA M S J PRASAD(8453) for the
PETITIONER(s) No. 1,2,3,4
MR KM ANTANI, AGP (99) for the RESPONDENT(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE N.V.ANJARIA
Date : 29/11/2018
ORAL ORDER
In the facts and circumstances of the case and having regard to the consent and request of learned advocates for the respective parties, petition was taken up for final consideration today. Rule, returnable on forthwith. Learned Assistant Government Pleader Mr.K.M. Antani waives service of notice of Rule on behalf of the respondent - State.
2. Heard learned advocate Mr.Sudhanshu Jha for learned advocate Ms.Prabha MSJ Prasad for the petitioners and learned Assistant Government Pleader for the respondent.
3. The petitioner Nos.1 to 3 have prayed for direction to command the respondents to consider the application of petitioner Nos.1 to 3 for selection to the post of Shikshan Sahayak in the government schools. The petitioner No.4 has prayed that his name Page 1 of 4 C/SCA/5750/2017 ORDER may be continued as its stand. The petitioners want declaration that the policy of the respondents in not considering the Degree of Bachelor of Rural Studies (BRS) as equivalent to the Bachelor of Arts.
3.1 Pursuant to advertisement for recruitment to the post of Shikshan Sahayak in the Secondary and Higher Secondary Government Schools, published in the month of January, 2017, petitioner Nos.1 to 3 applied in Secondary School whereas petitioner No.4 applied to be appointed in the Higher Secondary School. The petitioners possessed Degree of BRS.
3.2 The candidature of the petitioner Nos.1 to 3 was rejected by the authorities whereas the petitioner No.4 was excluded from the zone of consideration after verification of mark-sheets and degree.
4. Respondent No.2 - Commissioner of Schools, Gandhinagar, rejected candidature/forms of the petitioners on the ground that petitioners possessed graduation degree of BRS and not Bachelor of Arts, by not recognising the said degree as equivalent to Bachelor of Arts. It is the contention of the petitioners inter alia that in the Teachers Aptitude Test examination in which they appeared in 2014, Degree of BRS was accepted by the respondents. It was further submitted that the State Government by Resolution dated 01st September, 1993 equated the degree of BRS with the degree of Bachelor of Arts. Learned advocate for the petitioners placed reliance Page 2 of 4 C/SCA/5750/2017 ORDER on decision of this Court in Kantaben Zaverbhai Desai v. State of Gujarat being Special Civil Application No.1861 of 2017 decided on 02nd February, 2017.
5. In Kantaben Zaverbhai Desai (supra) the question of equivalence of the degree of BRS was addressed. The Court observed and held as under.
"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 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 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 respondent- State 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 Page 3 of 4 C/SCA/5750/2017 ORDER 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 to the degree in B.A. and permit him to fill in the application form accordingly."
6. In course of hearing, learned Assistant Government Pleader produced a copy of communication dated 29th December, 2017 addressed to the District Education Officer wherein also it is inter alia stated that the Degree of BRS is accepted as recognised graduate degree.
7. In view of above and in particular in view of law laid down in Kantaben Zaverbhai Desai (supra), the petition deserves to e allowed. The respondents are directed to consider the application of petitioner Nos.1 to 3 for the purpose of selection to the post of Shikshan Sahayak on the basis of their degree of BRS. As far as petitioner No.4 is concerned, his Degree of BRS shall be accepted and he shall be allowed to culminate his participation in the process of recruitment.
Rule is made absolute in the aforesaid terms.
(N.V.ANJARIA, J) Anup Page 4 of 4