C/SCA/684/2018 ORDER DATED: 13/08/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 684 of 2018 ========================================================== PATEL MEENABEN GOPALBHAI & ORS. Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR KB PUJARA(680) for the Petitioner(s) No. 1,10,11,12,13,14,15,16,17,18,19,2,20,21,22,23,24,25,26,27,28,29,3,30,31,32, 33,34,35,36,37,38,39,4,40,41,42,43,44,45,46,47,48,49,5,50,51,52,53,54,55,5 6,57,58,59,6,60,61,62,63,64,65,66,67,68,69,7,70,71,72,73,74,75,76,77,78,79, 8,80,81,82,83,84,85,86,87,88,89,9,90,91,92,93,94,95,96 MS KRISHNA D DESAI, AGP for the Respondent(s) No. 1 MR UCHIT U TRIVEDI for MR AD OZA(515) for the Respondent(s) No. 4 MR PS CHAMPANERI(214) for the Respondent(s) No. 3 RULE SERVED for the Respondent(s) No. 1,2 ========================================================== CORAM:HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA Date : 13/08/2025 ORAL ORDER 1. The petitioners are blind music teachers who are serving under respondent Nos.1 and 2 since many years. 2. The petitioners are before this Court seeking a direction that they are not required to undergo Online D.El. Ed. course of NIOS as per the communications dated 16.9.2017 at Annexure- C and dated 20.9.2017 at Annexure-D as also clarified by the Government of India and NCTE vide letter dated 9.11.2017 at Annexure-G. They are also seeking for a declaration that their services cannot be terminated on the ground that they have not passed the D. El. Ed. course. Page 1 of 3 C/SCA/684/2018 ORDER DATED: 13/08/2025 3. An affidavit has been filed by the respondent No.2, in which it has been stated as follows: “4. I say that a communication dated 06.02.2018, has been addressed by the Under Secretary, Government of India to the Director, Gujarat Council of Educational Research & Training. Such communication is in the form of a clarification issued for Clause 5(b) of the NCTE notification dated 29.07.2011, which is reproduced as hereunder: "5(b) For teachers of Art Education, Craft Education, Home Science, Work Education etc. the existing eligibility norms prescribed by the State Governments and other school managements shall be applicable till such time the NCTE lays down the minimum qualification in respect of such teachers." 5. The communication dated 06.02.2018, further states that if the elementary level programme is recognized by NCTE then the already appointed Art and Music Teachers at elementary level need not go for D.El.Ed (ODL) programme of NIOS. A copy of the communication dated 06.02.2018 along with its annexure, is annexed hereto and marked as ANNEXURE-R1. 8. It is humbly submitted before the Hon'ble Court that the petitioners' services will not be terminated till such representation preferred by the petitioners is decided and if the outcome of the same is adverse to the petitioners.” 4. In the light of this reply from the respondent No.2, it is clear that there is no requirement of the petitioners having had to undergo D. El. Ed. course and in the light of the further statement that their services may not be terminated, this writ petition will have to be disposed of by holding that the petitioners are not required to undergo the Online D. El. Ed. course and their services should not be terminated on that ground. Page 2 of 3 C/SCA/684/2018 ORDER DATED: 13/08/2025 5. The writ petition is accordingly DISPOSED OF. Rule is made absolute to the aforesaid extent. Sd/- (NSSG,J) OMKAR Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: OMKAR CHHAGANLAL MAHAWAR(HC00201), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 13/08/2025 16:53:56