PATEL RAKESHKUMAR DHARAMDAS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Mr.L.B.Dabhi, learned Assistant Government Pleader, waives service of notice of RULE on behalf of respondents Nos.1 and 2. Ms.R.V.Acharya, learned advocate, waives service of notice of RULE on behalf of respondent No.3. On the facts and in the circumstances of the case, and with the consent of the learned advocates for the respective parties, the petition is being heard and finally decided.

(2.) BY preferring this petition under Article 226 of the Constitution of India, the petitioner has prayed, interalia, for the issuance of a Writ of Mandamus or any other appropriate Writ or direction to the respondents, to give appointment to the petitioner as Vidya Sahayak as a Physically Handicapped Art Teachers Diploma (ATD) Candidate, pursuant to advertisement dated 21.04.2007, with all consequential benefits, with effect from the date on which appointment was given to other candidates and to hold the denial of the said appointment as being illegal and arbitrary.

(3.) A rejoinder has been filed by the petitioner, reiterating the stand taken in the petition and controverting the averments made in the affidavit-in-reply.