Heard Mr. Pujara, learned advocate appearing for petitioner and Mr. Raval learned AGP for respondent. Rule returnable on 19.6.2012.
Having regard to the facts and circumstances of the case below mentioned observations and directions are passed.
Learned Counsel for the petitioner has submitted that he has graduated from Gujarat Vidhyapith which is deemed and recognized university by University Grant Commission (UGC for short) and for the purpose of section 2(f) read with section 3 and section 12 of University Grant Commission Act, 1656 also it is deemed / recognized university. He also submitted that in view of the said position the petitioner fulfills one of the two main condition prescribed under rule 4(b) (1). It is also submitted that the petitioner also fulfills other requirements / conditions prescribed under the notification dated 18.1.2012 whereby eligibility criteria for appointment of head teacher is prescribed. It is submitted that the petitioner fulfills the criteria related to upper age limit and the requirement of passing HTAT and minimum experience, however petitioner is not considered eligible for competing in the process undertaken for recruitment of head teacher. It is submitted that after order dated 13.4.2012 petitioner's application has been accepted with much reluctance by the authority and petitioner is informed that his case will not be treated as eligible for consideration.
It is noticed from the record that the petitioner's graduation from Gujarat Vidhyapith is considered as graduation for purpose of admission in Masters of Arts (i.e. M.A. Course) and petitioner has been granted admission in the said course. Petitioner has relied on the documents at page 51 / 52 which shows that the Central government has clarified that the course / examination of "Sevak" is equivalent to B.A. (in Hindi Language).
According to the relevant clause under Rules of 2012, a person seeking appointment on the post of head teacher should, possess, (1) bachelor degree; and (2) the degree should be granted by university recognized by UGC. It appears that it is not in dispute that Gujarat Vidhyapith is a deemed and recognized university by UGC. Furthermore, the above referred document at page 51 and 52 of the petition prima facie, demonstrate that the qualification held by petitioner is equivalent B.A. (in Hindi Language). However the petitioner is not considered eligible.
Therefore, below mentioned order is passed as interim arrangement.
The respondent authority will receive petitioner's application. The said application will be processed by the respondent authority along with other applications from eligible candidates. The application shall be scrutinized and processed in light of the applicable rules and decision of this Court in Special Civil Application No.3592 of 2012 and connected matter dated 8.5.2012. Petitioner's case will be considered for appointment along with other cases and if any orders of appointment are passed before next date of hearing, then if all other aspects are in order and petitioner is found successful then his case may not be rejected only on ground that he is not qualified in terms of rule 4(b)(1). Accordingly appropriate order may be passed qua the petitioner on the basis of overall assessment. If on such assessment petitioner is found eligible then appropriate order may be issued in his favour which will be subject to result of the petition i.e. final or any other order that may be passed in the petition. It is clarified that petitioner shall not claim and shall not be entitled to claim any right of equity of any nature whatsoever in the event order of appointment is granted in his favour on account of and in pursuance of this order.
(K.M.THAKER,J.) Suresh* Top