JYOSHANABEN JAVSINH MORI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These two petitions are filed under Article 226 of the Constitution of India arising out of the similar facts and therefore, at the request of the learned advocates for both the sides, both the petitions are taken up for joint hearing and disposal.

(2.) Special Civil Application No.5434 of 2017 is filed by an individual, who is seeking an appointment as a Vidhya Sahayak/primary teacher, whereas, Special Civil Application No.5569 of 2017 is filed by an institution. Both the petitions are concerning to the affiliation to one SNDT University and the students having passed from the institution affiliated to the SNDT University. The disputed issue cropped up as at a point of time in 2012, the State passed a resolution, whereby the educational qualification by the institutes affiliated to the SNDT University was not treated to be an educational qualification which was prescribed in the advertisement for appointments. This position was later on changed in the larger interest of the students and for the interregnum period while the institutions sought migration from affiliation to the SNDT University to any university within the State of Gujarat, the educational qualification was from the institution affiliated to SNDT University by the students was protected to be treated as a recognized educational qualification sufficient to satisfy the requirement of the advertisement.

(3.) The petitioner in Special Civil Application No.5434 of 2017 has now been given appointment under order dtd. 24/3/2017 in SCA 5569/2017 and is already posted. It appears that such appointment was issued in view of the interim order passed in the cognate matter being Special Civil Application No.5569 of 2017, wherein by order dtd. 17/3/2017, an interim relief in terms of para-9(B) came to be granted. This petition was filed by the institution which had affiliation with the SNDT University and the petition was preferred in the interest of the students as their educational qualification with such petitioner institution may be protected. It is submitted that the petitioner institution of Special Civil Application No.5569 of 2017 has already made an application for being affiliated with the university within the State of Gujarat and have already been given such affiliation. The similar issued came up for consideration with the identical facts and this Court in its oral judgment dtd. 30/1/2020 in Special Civil Application No.16736 of 2017 has allowed the petition and by relying upon the Government Resolution dtd. 26/11/2019 has treated the candidate who has educational qualification from an institution affiliated with SNDT University as a qualification sufficient to meet with the requirement of the respective advertisements. The Court has in the aforesaid judgment taken into consideration the very same resolution which was placed during the pendency of such petition and allowed the petition. This oral judgment dtd. 30/1/2020 was a subject matter of challenge in Letters Patent Appeal No.915 of 2020 by the State Government, which also came to be dismissed by an order dtd. 2/12/2020. While dismissing the Appeal of the State Government, in paragraph No.3, the Division Bench has expressed as under:-