MUNIRA HABILBHAI WHORA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner by way of the present petition under Article 226 of the Constitution of India has prayed for the following relief:-

(2.) The case of the petitioner in nutshell is that the respondent No.4, which is a minority Institution has published an advertisement in the daily newspaper Sandesh on 1.8.2020 inviting applications for appointment of teacher in the respondent No.4 School, which is violative of Regulation-12 of Gujarat Secondary Education Regulations, 1974 (hereinafter referred to as "the said Regulations"), the relevant part of which is reproduced as under:-

(3.) Learned Advocate Mr.Dave for the petitioner has vehemently submitted that the respondent School is required to follow the said ratio as per the said Regulations, mainly because the School has girls students. He submitted that the respondent No. 4 should have advertised the posts reserving one post for female candidate. The Court does not find any substance in the said submission of Mr.Dave. Apart from the fact that the petitioner herself had applied for the post pursuant to the advertisement under challenge, and she has also received a call-letter for the interview, from the bare reading of the said Regulation-12, it clearly transpires that the said ratio is required to be maintained in the School registered exclusively for boys and where the girls are also admitted in such school. Admittedly, the respondent No.4 School is registered as the School for co-education and not exclusively for boys. Under the circumstances, the said provisions could not be made applicable to the facts of the present case.