Gujarat High Court Case Information System
Print
SCA/9922/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 9922 of 2011
=========================================================
NITABEN
CHIMANBHAI MACHHI & 6 - Petitioner(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance :
MR
BHARAT T RAO for
Petitioner(s) : 1 - 7.
MR NEERAJ SONI ASST GOVERNMENT PLEADER for
Respondent(s) : 1,
DS AFF.NOT FILED (N) for Respondent(s) : 1 -
2.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 04/08/2011
ORAL
ORDER
1. Today,
learned Assistant Government Pleader appearing for respondent No.1
files an affidavit-in-reply affirmed by one Shankerbhai Baberbhai
Garasia, Deputy Secretary, Education Department. Despite his best
efforts he is not able to convince this Court as to how the present
petitioners who have passed their Graduation and Post Graduation with
‘Psychology’,
will not be able to teach the subject of ‘Social
Science’
to the students of 5th
to 8th
Standard.
1.1 Prima-facie,
this Court is of the opinion that not allowing the persons like the
petitioners who have passed their Graduation and Post Graduation with
‘Psychology’, is an illustration of non-application of mind.
2. Learned
Advocate for the petitioners invited attention of the Court to
judgment and order dated 02/06/2011 passed by the Court (Coram:
Hon’ble Mr.Justice J B Pardiwala) in SCA No.6737 of 2011 with SCA
No.6748 of 2011 wherein the Court has observed as under:
“I
could have passed an interim order today directing the respondents to
accept the application forms and permitting them to appear in the
test on 12th June 2011. However, learned AGP
Ms.Bhatt, upon instructions from Shri R.C.Raval, Director of Primary
Education, State of Gujarat, Gandhinagar and Mr.B.C.Solanki,
Secretary, State Examination Board, State of Gujarat, Gandhinagar as
well as Mr.F.P.Halani, Chairman, State Examination Board, State of
Gujarat, who are present in the Court today, tried to explain the
difficulties which they are likely to face if the petitioners and
other similarly situated candidates are permitted to appear on 12th
June 2011. Further, a statement is being made today before this Court
by Shri R.C.Raval, Director of Primary Education, State of Gujarat,
Gandhinagar that the TET of the petitioners and other similarly
situated applicants who have graduated with Social Science as the
main subject shall be definitely conducted on or before 31st
August 2011. The officers who are present in the Court today have
assured the Court that they shall not resile from the statement being
made today. I am sure, this situation would not have arisen if little
prudence would have been exercised in taking the decision. This
confusion could have been easily avoided resulting in heart burning
at the end of the petitioners and other candidates.
In any
view of the matter, since now assurance has been given by top ranking
officers at the level of Secretary i.e. the Director and the Chairman
of the State Examination Board that they shall see to it that the TET
is conducted on or before 31st August 2011, I do not want
to proceed further with the matter on merits…”
(emphasis
supplied)
3. Taking
into consideration the fact that the learned Assistant Government
Pleader who is instructed by Shri Shankerbhai Baberbhai Garasia,
Deputy Secretary, Education Department, is not able to convince this
Court by giving any logical reason for which the persons like the
petitioners should not be allowed to appear in the Examination and
the fact that the Examination is scheduled on 20/08/2011 and
the last date to make online application is 06/08/2011, by way
of interim direction it is directed that the petitioners and other
persons similarly situated to the petitioners be permitted to make an
online application and further be permitted to appear in the
Examination.
3.1 The
Officer/s present in the Court to communicate this order to the
concerned authorities and to make necessary arrangement to see that
the petitioners and other similarly situated persons are able to
online apply for the examination. Matter is adjourned to 05/09/2011.
Direct Service is permitted.
4. A
copy of this order be made available to learned Assistant Government
Pleader for its onward communication.
(RAVI
R TRIPATHI, J.)
sompura
Top