SAMRAGNIBEN BABULAL PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition, under Article 226 of the Constitution of India, the petitioner has prayed to quash and set aside the impugned action and inaction on the part of the respondents in not issuing call letter and not giving appointment to the petitioner as Vidhya Sahayak/Primary Teacher for language subject for standards 6 to 8 for English language.

(2.) The case of the petitioner is that her merit was 65.96 whereas the cut-off for the open category was 61.17 and cut-off for the converted vacancies was 64.54. The petitioner pursuant to an advertisement for recruitment of Vidhya Sahayaks for Hindi, English, Marathi, Urdu and Odiya mediums, where 53 vacancies were notified for the language subjects of standards 6 to 8, applied for the posts. The petitioner belongs to the Scheduled Caste category and is visually impaired. The qualification of the petitioner is B.A. with English and also the petitioner has passed her TET.

(3.) Mr. K.B. Pujara, learned counsel for the petitioner drawing the attention of the court to the advertisement would indicate that the advertisement clearly stipulated that in terms of the Government Resolution dtd. 16/3/1996 in case a reserved category candidate is not available on merit, such a vacancy would be filled up by converting the category into open category. He would submit that out of 53 posts advertised, only 1 was reserved for physically handicapped candidate when the stipulation minimum was 3% and therefore at least 2 vacancies should have been reserved for the physically handicapped.