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SCA/11422/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 11422 of 2010
With
SPECIAL
CIVIL APPLICATION No. 13403 of 2010
With
SPECIAL
CIVIL APPLICATION No. 13394 of 2010
With
SPECIAL
CIVIL APPLICATION No. 14399 of 2010
With
SPECIAL
CIVIL APPLICATION No. 15144 of 2010
With
SPECIAL
CIVIL APPLICATION No. 15820 of 2010
=========================================================
PRINCIPAL
- SHRI SHANTUBHAI CHINUBHAI PATEL PRIMARY SCHOOL - Petitioner(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================================
Appearance
:
MS
MAMTA R VYAS, MR BS PATEL, and MR NIKHIL SHAH for Petitioner(s)
MS
ML SHAH, AGP for Respondent(s) : 1,
NOTICE SERVED BY DS for
Respondent(s) : 1 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 27/12/2010
ORAL
ORDER
Though
factual aspects differ in these petitions, central issue pertains to
no objection to be granted by the State Government for recruiting
new teachers or for appointment of principals in schools where such
posts are vacant. The issues have arisen on account of stand of
the Government in not granting NOC to the school Management
receiving grants to recruit new teachers or appoint principals even
though vacancies are existing since some time now. The Government’s
stand is that by virtue of a policy decision, standard 8 which was
till now part of the secondary section of schools is to be shifted to
primary section. This will lead to large scale reshuffling of
students and teachers. Some teachers rendered surplus shall have to
be absorbed and accommodated either in same school or different
schools. In the meantime, the Government has repealed section 35 of
the Gujarat Secondary and Higher Secondary Act, 1972, under which,
instructions were issued to regulate recruitment of teachers in
various schools. New methodology is to be formulated and after due
deliberation, GR will have to be issued.
Counsel
for the petitioners, however, vehemently, contended that in the
meantime, education of students is seriously suffering and
thousands of vacancies of teachers at various levels are left
unfilled. Though desired by the Supreme Court, the Government is yet
to formulate the new policy and the resultant effect is that for
want of recruitment of teachers and and principals, students are
seriously suffering.
It
cannot be denied that for want of teachers, that too in large
numbers, education of students should not be allowed to suffer. It
may be that on account of shifting of class 8 from secondary to
primary section, transitional issues may arise. Whatever be the
reasons, the State Government must put its act together and ensure
that proper policies are formulated and appointments of teachers
are made as early as possible and in any case well before the new
academic term begins. Even if the policy is framed now, it would
take some time to take the effect and to complete the selection
process in different schools.
Under
the circumstances, respondents are directed to take a final decision
involving all these issues and place before the Court along with
further reply in all these petitions before the next date.
S.O.
to 21st January 2011.
(Akil
Kureshi, J.)
(vjn)
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