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2024 DIGILAW 547 (GUJ)

Patel Bharatkumar Purushottambhai v. Secretary

2024-03-14

ANIRUDDHA P.MAYEE, SUNITA AGARWAL

body2024
JUDGMENT : (Sunita Agarwal, J.) 1. The present petitions have been filed in the year 2011 by the petitioners serving in a private recognized secondary and higher secondary schools to challenge the validity of Resolution dated 16.03.2011 amending Regulation 20(1) of the Gujarat Secondary Education Regulation, 1974 on the premise that the said regulation violates fundamental rights of the teachers imparting education in private registered Secondary and Higher Secondary Schools. The issue raised by the petitioners is about the validity of the provision in Regulation 20(1) of the Regulations of 1974, in providing minimum qualification of seven years teaching experience in Government and/or Grant-in-Aid secondary and Higher Secondary Schools for the purpose of appointment to the post of Headmaster in such Government and/or Grant-in-Aid Secondary and Higher Secondary Schools. 2. The contention is that the exclusion of teachers imparting education in registered private Secondary and Higher Secondary Schools from the zone of consideration for the post of Headmaster in a Government and/or Grant-in-Aid secondary and higher Secondary and Higher Secondary Schools is discriminatory and violative of Articles 14 and 16 of the Constitution of India. 3. The writ petition has been amended to incorporate the prayer to restrain the respondents from filling up the four posts of Headmaster, pursuant to the advertisement dated 30.11.2011. 4. The fact remains that the appointment to the post of Headmaster in Government/Grant-in-Aid institutions is governed by a separate set of Rules, namely Regulation of 1974 framed in exercise of power conferred under Section 54 of the Gujarat Secondary Education Act’1972. The teachers working in private registered schools whose services are governed by different set of Rule relating to recruitment and appointment cannot seek parity to claim appointment on the post of Headmaster in the Government/Grant-in-Aid Institution, that too by claiming consideration of the minimum experience of teaching in a registered private school, recognized by the State Government. It may be noted that the Rules governing the teachers and Headmasters of registered private Secondary and Higher Secondary Schools (Procedure of Selection) Rules, 2011 have been framed under the Gujarat Secondary and Higher Secondary Education Act, 1972. The aforesaid Rules framed in exercise of powers conferred by Section 35 of the Gujarat Secondary and Higher Secondary Education Act, 1972 govern the selection of teachers and Headmasters of registered private Secondary and Higher Secondary Schools. The aforesaid Rules framed in exercise of powers conferred by Section 35 of the Gujarat Secondary and Higher Secondary Education Act, 1972 govern the selection of teachers and Headmasters of registered private Secondary and Higher Secondary Schools. The Regulations of 1974 which govern the selection to the post of Headmaster in the Government/Grant-in-Aid Institution cannot be invoked by the petitioners to seek appointment to the post of Headmaster in the Government/ Grant-in-Aid Institutions. 5. It may be reiterated that the procedure for appointment to the post of Headmaster in registered private Secondary and Higher Secondary Schools is governed by the Rules, 2011. 6. For the aforesaid, we dismiss the writ petitions being misconceived. Rule is discharged.