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SCA/5741/2010 1/ 3 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 5741 of 2010
With
SPECIAL
CIVIL APPLICATION No. 5733 of 2010
To
SPECIAL
CIVIL APPLICATION No. 5739 of 2010
For Approval
and Signature:
HONOURABLE
MR.JUSTICE KS JHAVERI
=========================================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To
be referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
===============================================
TRIPATHI
SHALINI ARUNKUMAR - Petitioner(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
===============================================
Appearance
:
MS KRISHNA U MISHRA
for Petitioner(s) : 1,
GOVERNMENT
PLEADER for Respondent(s) : 1,
None for Respondent(s) : 2 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 06/05/2010
ORAL
JUDGMENT
1. In
all these petitions the respective petitioners have prayed for a
direction to respondent authority for giving appointment to the
petitioners on the post of Vidhyasahayak in General Stream as
prescribed in the advertisement.
2. In
pursuance of an advertisement issued by District Primary Education
officer, Dahod, inviting applications for appointment on the post of
Vidhyasahayaks, the petitioners had applied and were called for
interview and also verified the documents. Thereafter the petitioners
were informed that since they had studied in Hindi Medium, they will
not be selected for the post in question.
3. Learned
Advocate for the petitioners contended that the disqualification of
the petitioners on the ground that they have studied in Hindi Medium
is totally illegal, arbitrary and unjust and against the
advertisement issued by the authority.
4. Admittedly,
the primary schools of the State of Gujarat, administered through
District Primary Education Officers, are Gujarati medium schools
where students belonging to weaker sections as well as tribal areas,
hill areas, slum areas, boarder areas are studying. Only those
teachers who have studied in Gujarati medium can teach and guide the
students in a better manner. In the advertisement itself it is stated
that the recruitment is for teaching in Gujarati medium schools.
According to the respondents after considering various aspects it
was decided that the recruitment to all the posts of Vidya Sahayaks
should be from the candidates who have studied in Gujarati medium.
In view of the fact that the petitioners are required to teach in
Gujarati Medium school I am of the view that there is no
arbitrariness in the decision of the respondents that the incumbents
must have studied Gujarati medium. Merely knowing Gujarati language
would not be sufficient to teach in Gujarat medium schools. Since the
petitioners have studied in Hindi Medium, it cannot be said that the
decision of the respondent authority is illegal or arbitrary. I,
therefore, do not find any merits in these petitions. The petitions
are therefore dismissed summarily.
(K.S.
Jhaveri,J.)
mary//
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