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SCA/6004/1994 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 6004 of 1994
=========================================
ASHWINKUMAR
V JOSHI - Petitioner(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================
Appearance
:
MR MB
GANDHI for
Petitioner(s) : 1,
Ms Krina Calla Asstt. GOVERNMENT PLEADER for
Respondent(s) : 1 - 2.
MR SK PATEL for Respondent(s) : 3,
MS
ROOPAL R PATEL for Respondent(s) :
3,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 10/03/2010
ORAL
ORDER
1. The
petitioner has prayed to hold and declare that the first requirement
of Mast’s degree in second class of a recognized university is
arbitrary and illegal and to declare that the academic qualification
for the post of Principal should be at par with the academic
qualification of the Principal as prescribed for the Government
Secondary Schools or as per Regulation 20 of the Secondary Education
Regulations,1974.
2. According
to the petitioner he is B.Sc, B.Ed., and M.Ed having 13 years of
experience in teaching line. The petitioner was serving as Principal
of in a private secondary school. In pursuance of an advertisement
inviting application for filling up the post of Principal of Adivasi
Nivasi School, the petitioner has applied for the said post. However,
the petitioner received a letter stating that he was not selected
for interview on account of not possessing the prescribed educational
qualifications. According to the petitioner, there was no reason to
reject the application of the petitioner and therefore he has
challenged the rejection order. He has also challenged the rules
requiring a candidate possessing Master’s degree in second class of a
recognized university as qualification.
3. According
to the petitioner he possesses requisite qualification and the
qualification prescribed in the rules are illegal and arbitrary. The
argument is that whether a Principal is of a Government secondary
school or private secondary school, the requirement is to have a
degree of trained graduate in education, or any other equivalent
degree declared by the State Government and it requires further
teaching experience of five years and three years.
4. However,
it is required to be noted that in exercise of powers conferred
under the Constitution of India, the Governor of Gujarat made rules
to provide for regulating recruitment to the post of Principal,
Class-II at Government Residential Schools for Scheduled Casts and
Socially and Educationally Backward Classes. According to these
rules, to be eligible for appointment by direct selection to the
post mentioned in Rule 2, a candidate should possess a Second Class
Master’s degree of a recognised University. The petitioner did not
possess this qualification. It is the absolute discretion of the
rule making authority to consider and fix the criteria on certain
posts and the petitioner cannot be heard upon to say that some
particular rules are illegal or arbitrary merely because they do not
favour a particular individual.
5. Further
it is required to be noted that the notification dated 9th
July1991 on which reliance is placed by the petitioner is already
modified and therefore the petitioner cannot now take advantage of
the said Circular.
6. In
the premises aforesaid, I do not find any merits in the petition. The
petition is, therefore, dismissed. Rule is discharged with no order
as to costs.
(K.S.
Jhaveri,J.)
mary//
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