MINABEN JITENDRABHAI DAVE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Learned Assistant Government Pleader Mr. Jayneel Parikh and learned Assistant Government Pleader Mr. Dhawan Jayswal waive service of notice of rule on behalf of the respondents.

(2.) By this petition under Articles 226 and 227 of the Constitution of India, the petitioners have challenged the legality and validity of the notification/order dtd. 9/12/2019 issued by the Secretary of the State Examination Board - respondent no.3 herein addressed to the Joint Director of Education whereby it is directed not to consider the Teachers' Aptitude Test (TAT) qualification of the candidates for the post of 'Shikshan Sahayak' for Higher Secondary and Secondary Grant-in-aid schools, if the candidate obtained the Degree of Graduation or B.Ed. after appearing in the examination of TAT while pursuing their final year of graduation or B.Ed. studies.

(3.) Special Civil Application No.344/2020 was filed by the petitioners as they were restrained from taking part in the upcoming recruitment in view of above notification/ order dtd. 9/12/2019. This Court (Coram : Hon'ble Mr. Justice Biren Vaishnav) by order dtd. 7/1/2020 granted ad interim relief by directing the respondents to permit the petitioners to appear in the ongoing recruitment or upcoming recruitment process by accepting their candidature and not refusing the acceptance of their applications only on the ground of impugned notification/order.