LAWS(GJH)-2022-6-1020

STATE OF GUJARAT Vs. AMBALIYA BHARAT KESHAVBHAI

Decided On June 28, 2022
STATE OF GUJARAT Appellant
V/S
Ambaliya Bharat Keshavbhai Respondents

JUDGEMENT

(1.) By way of the present appeal under Clause 15 of the Letters Patent, the appellant - State of Gujarat has challenged an order dtd. 26/12/2019 passed by the learned Single Judge in Special Civil Application No.3149 of 2018, by which the learned Single Judge has quashed and set aside the order dtd. 10/1/2018 passed by the District Education Officer, Surendranagar by which the selection of the respondent as a teacher in J.D. Kothari High School for imparting education in Economics subject was not accepted.

(2.) Short facts arising from the record are as under:

(3.) In response to the notice issued by this Court, Mr. A.R. Thacker, learned advocate appeared for respondent No.2 - University and filed its affidavit. The appellant herein - State of Gujarat also filed reply affidavit before the learned Single Judge. The learned Single Judge after going through the affidavits, considered the case in favour of the original petitioner - respondent No.1 herein stating that the subject in B.A. (Economics) and M.A. Economics (Agriculture) are common and they are imparting education in post-graduation and the optional subject which the original petitioner selected and studied, the learned Single Judge accepted the petition and passed the impugned order. Hence, this appeal.