LAWS(GJH)-2002-9-58

BHAGWANBHAI RAGHUNATHBHAI CHAUDDHARY Vs. DISTRICT PRIMARY EDUCATION OFFICER

Decided On September 05, 2002
BHAGWANBHAI RAGHUNATHBHAI CHAUDDHARY Appellant
V/S
DISTRICT PRIMARY EDUCATION OFFICER Respondents

JUDGEMENT

(1.) This is a petition under Article 227 of the Constitution of India, though styled as a petition under Article 226 of the Constitution, for enforcement of fundamental rights under Article 14 of the Constitution.

(2.) The petitioner herein was appointed as an Assistant Teacher after going through the selection procedure. Admittedly, the selection procedure consist only of evaluation of qualifications. This evaluation is on the basis of documents submitted by the applicants for the purpose of selection and appointment.

(3.) The concerned authority, after assessing the qualifications claimed and asserted by the petitioner, and as supported by the documents produced by him at the relevant point of time as mentioned hereinabove, appointed the petitioner as an Assistant Teacher. It is pertinent to note that as 30 appointments were made on the basis of the internal evaluation based on the qualifications possessed by the candidates, the petitioner was also appointed, being placed at Sl. No.26 in the list of selected candidates. The appointment was made on 15/11/1986.