LADANI MANISHABEN KANTILAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India is filed seeking direction to the treat the petitioners as qualified candidates as Vidhya Sahayaks in the selection process and also to set aside the communication dtd. 5/12/2016, whereby the candidature of the petitioners was rejected on the ground of not being adequately qualified in the subject.

(2.) Learned Advocate for the petitioners submitted that the petitioners had appeared in the selection process and were declared successful. However, when the petitioners were called upon for verification of the documents and allotment of posts in the School, at that stage, by considering the Educational qualification of degree in Home Science treated as ineligible candidates.

(3.) Learned Advocate for the petitioners draws attention of this Court to the Rules prescribing the Educational qualification being that of degree being Educational qualification prescribed as per the Regulation-20 of Gujarat Secondary and Higher Secondary Education Regulations, 1974. It is submitted that Regulation-20 of the aforesaid Regulations prescribes the graduation in any field from the recognized University to be necessary qualification for the purpose of appointment. It is submitted that as the petitioners are degree holder in Home Science, are holding degree from the recognized University and therefore, need to be treated as eligible candidates.