Gujarat High Court
Shivamkumar Devendrabhai Jani vs State Of Gujarat & on 3 February, 2017
Author: Sonia Gokani
Bench: Sonia Gokani
C/SCA/1823/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 1823 of 2017
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SHIVAMKUMAR DEVENDRABHAI JANI....Petitioner(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
MR VIRAL K SALOT, ADVOCATE for the Petitioner(s) No. 1
MR DIPAK B PATEL, 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 : 03/02/2017
ORAL ORDER
1. By way of present petition under Article 226 of the Constitution of India, the petitioner challenges the inaction on the part of the respondentauthority in not considering the degree of the petitioner in Bachelor of Computer Application as a valid degree in the subject of Science for the post of Head Teacher, pursuant to the advertisement dated January 22, 2017 issued by the respondentauthority.
2. It is the grievance of the petitioner that a Page 1 of 6 HC-NIC Page 1 of 6 Created On Sun Aug 13 09:03:50 IST 2017 C/SCA/1823/2017 ORDER candidate having a degree in Bachelor in Computer Application (hereinafter referred to as 'the BCA') would entitle him to appear and compete for the post of Head Teacher, ClassIII in the Subordinate Service of the Directorate of Primary Education or Respective District or Municipal Primary Education Committee, Recruitment Rules, 2012 (hereinafter referred to as 'the Rules'). Since he has been denied even filling up the form, he is before this Court with a a prayer to seek direction against the respondentauthorities to consider his degree in BCA as a valid degree in Science faculty.
3. This Court has heard Shri Dipak Patel, learned counsel appearing for the petitioner. He has urged that on earlier occasion, this Court while dealing with Special Civil Application No.20512 of 2016, where the petitioner was holding a degree in Bachelor of Computer Engineering (hereinafter referred to as 'B.E.') from Hemchandracharya North Gujarat University, Patan, had referred the matter to the Committee to ascertain as to whether the degree in Bachelor of Page 2 of 6 HC-NIC Page 2 of 6 Created On Sun Aug 13 09:03:50 IST 2017 C/SCA/1823/2017 ORDER Computer Application (hereinafter referred to as 'BCA') which was needed for the post was equivalent to the degree in Bachelor of Computer Engineering. Likewise, in the present case, whether the decree in BCA can be equated with the decree in Science faculty i.e. B.Sc., the matter should be referred to the specialised Committee. He has also further pointed out that in the said decision, the candidates who were holding the degree in Bachelor of Computer Engineering were also permitted to apply for the very post in question in the said petition.
4. Ms.Asmita Patel, learned Assistant Government Pleader, has urged that the advertisement makes it amply clear that those candidates having decree in Arts, Science or Commerce, should apply for the post of Head Teacher. The degree which the petitioner possesses is a degree in BCA. The nature of job and the training which is required to be imparted to the students and the subjects being taught in the school from Standards 6 to 8, would not warrant the person having the degree in BCA to be permitted for the said purpose. Page 3 of 6 HC-NIC Page 3 of 6 Created On Sun Aug 13 09:03:50 IST 2017 C/SCA/1823/2017 ORDER
5. Having heard both the sides, it can be noticed that the person applying for the post of Head Teacher is required to possess a 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 such as by the Government or declared as deemed University under section 3 of the University Grants Commission Act, 1956. Rule 4 of the said Rules provides for eligibility for appointment by direct selection to the post, which requires a candidate (i) possessing a Bachelor Degree in Arts, Science or Commerce, so also completion of two years' certificate course of Primary Teachers of any of the Educational Institution recognised by the Government; or (ii) possess one year degree in special education obtained from any of the Universities or institutions; or (iii) possess a degree in Education obtained from an of the Universities or Institutions; or (iv) have passed Higher Secondary Certificate Examination from the Secondary and Higher Secondary Education Page 4 of 6 HC-NIC Page 4 of 6 Created On Sun Aug 13 09:03:50 IST 2017 C/SCA/1823/2017 ORDER Board; and possess a four years bachelor degree in Elementary Education obtained from any of the Universities or Institutions; or a four years bachelor degree in education obtained from any of the Universities or Institutions; have passed the Head Teachers Aptitude Test as may be prescribed by the Government and five years separate or combined experience of teaching as a Teacher or Vidya Sahayak, Shikshan Sahayak, Junior Lecturer, etc.; shall possess the basic knowledge of computer application as prescribed in the Gujarat Civil Services Classification and Recruitment (General) Rules, 1967; and shall possess adequate knowledge of Gujarati or Hindi or both the languages.
6. The petitioner otherwise possesses all the qualifications and that is an uncontroverted fact, barring a Bachelor's Degree either in Art, Science or Commerce. It is urged that his degree in BCA may be equated with the degree in Science faculty. An attempt is made to convince this Court by urging that in the AnnexureF to the petition, under the banner of faculty of science, Page 5 of 6 HC-NIC Page 5 of 6 Created On Sun Aug 13 09:03:50 IST 2017 C/SCA/1823/2017 ORDER the BCA is already added. It is to be noted that the said annexure to the petition is an isolated page with complete vagueness and there being no clarity, it hardly could be the base for this Court to depend upon it to allow the present petition. No merit is found in the present petition for this Court to allow the present petition; nor is it a case where pending consideration any direction of interim nature is desirable.
7. For the foregoing reasons, the present petition fails and is, accordingly, dismissed in limine. The petitioner is, however, at liberty to make a representation qua future employment to the concerned authority, which in turn shall refer the matter to the appropriate committee i.e. All India Equivalence Committee.
(MS SONIA GOKANI, J.) Aakar Page 6 of 6 HC-NIC Page 6 of 6 Created On Sun Aug 13 09:03:50 IST 2017