VIKRAM BHURABHAI DANGAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr.Pranav Trivedi, learned Assistant Government Pleader waives service of notice of Rule on behalf of respondents. On the facts and in the circumstances of the case, and with the consent of the learned counsel for the respective parties, the petition is being heard and finally decided, today.

(2.) This petition, under Article 226 of the Constitution of India has been filed, with the following prayers :

(3.) Briefly stated, the facts of the case are that, the father of the petitioner, Shri Bhurabhai Mansurbhai Dangar, who was working as Armed Police Constable in the Police Department, expired in harness on 9.12.2006, leaving behind a widow, two sons and a daughter. The petitioner, being the eldest son in the family, made an application for compassionate appointment to Superintendent of Police, Junagadh (respondent No.3), on 8.2.2007, which was forwarded to the Gujarat Subordinate Service Selection Board for further necessary procedure, as per letter dated 1.2.2008 of the respondents. The petitioner did not hear anything with regard to his above-mentioned application and respondent No.3 informed the petitioner on 15.1.2009 that the said application has been rejected by the authorities on the ground that he has not acquired the minimum qualification, that is, Secondary School Certificate Examination ('SSC', for short), within the stipulated period of six months from the date of death of his father. The petitioner, thereafter, appeared in the SSC examination in March, 2007, but could not clear one paper, which ultimately was cleared by the petitioner in July, 2007, that is, shortly after the period of six months after the death of his father on 9.12.2006. Aggrieved by the rejection of the application, the petitioner has approached this Court by filing the present petition.