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Patel Laxmansinh Nanjibhai Head Teacher & 2 vs State Of Gujarat & 1

High Court Of Gujarat|19 June, 2012
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JUDGMENT / ORDER

1. The petitioners, have in substance, brought under challenge:-
(a) The validity of “ The Head Teacher, Class-III, in the subordinate service of the Directorate of primary or respective District or Municipal Primary Education Committee Recruitment Rules, 2012” (herein after referred to as Rule of 2012)
(b) The qualification criteria prescribed, by Notification for appointment on the post of Head Teacher.
(c) The instruction – directions describing the nature and quality of proof demanded for verifying compliance as to requisite experience.
(d) The provision prescribing upper age limit.
1.1 The fulcrum of the grievance and challenge is the process of promotion / appointment to the post of Head Teacher and the qualification criteria prescribed by respondent State and the method or parameters for verification of compliance prescribed by the authority. The petitioners are aggrieved by different provisions under the said Rules of 2012.
1.2 The petitioners who are already working as Head Teacher apprehend that the said duty will be taken away after recruitment of Head Teachers pursuant to the impugned process. Hence they have also claimed that it may be declared that the candidates who are appointed as primary teacher on basis of the qualification of SSC/HSC with PTC and are working as Head Teacher being the senior most teacher are eligible to be appointed as Head Teacher.
2. Learned advocate for the petitioner submitted that this petition is squarely covered by a decision of this Court passed in Special Civil Application No. 3592 of 2012 and allied matters on 08.05.2012.
3. Accordingly, this petition also shall be governed by the same order dated 08.05.2012 passed in Special Civil Application No. 3592 of 2012 in view of the fact that the petitioners are similarly situated as the petitioners in Special Civil Application No. 3592 of 2012 and allied matters. Petition stands disposed of accordingly.
(K.S. JHAVERI, J.) Divya//
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Title

Patel Laxmansinh Nanjibhai Head Teacher & 2 vs State Of Gujarat & 1

Court

High Court Of Gujarat

JudgmentDate
19 June, 2012
Judges
  • Ks Jhaveri
Advocates
  • Mr Niral R Mehta