SMITA NILESH AMIN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India is filed by the petitioner against the communication dtd. 5/1/2017 (Annexure-A) by which the recommendation of the petitioner for appointment to the post of Shikhan Sahayak was cancelled. As a result of such cancellation, the petitioner had to lose her appointment to the post of Shikshan Sahayak, which according to the petitioner, she was entitled to as she was fulfilling all the eligibility criteria and had cleared all the necessary procedures.

(2.) The main question arising in this petition is the respondent authorities considering her educational qualification held that she is not entitled to hold the post of Shikhan Sahayak due to lack of educational qualification in the "concerned subjects".

(3.) Learned advocate Ms. Nisha Parikh for the petitioner submitted that once the petitioner was having the eligibility criteria in the subject of Statistic she was entitled to and therefore, rightly recommended the name of the petitioner by its authority letter dtd. 6/12/2016 asking the petitioner to join the school being Sheth J.H. Sonawala High School at Mehmdabad, District: Kheda. It is submitted that the cancellation of such recommendation is on erroneous understanding that the petitioner does not have the qualification of being graduate in the subject of Statistics.