VANKAR HASMUKHBAHI RATILAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present writ petition has been filed seeking issuance of writ of mandamus or any other writ or direction directing the respondents to appoint the petitioners to the post of Vidhya Sahayak pursuant to the advertisement dtd. 30/12/1999 and as per their merit list prepared pursuant to the recruitment undertaken in view of the aforesaid advertisement.

(2.) At the outset, learned advocate Mr.B.M.Mangukiya appearing for the petitioners has submitted that the issue is squarely covered by various judgments and orders passed by this Court at the relevant time including the Full Bench decision. He has submitted that the petitioners applied for the post of Vidhya Sahayak pursuant to the advertisement dtd. 30/12/1999 and accordingly, they were also selected, however, they were not offered appointment in view of the policy decision of the State Government dtd. 1/8/2000, whereby it was decided that the persons, who were trained teachers should not be considered for the post of Vidhya Sahayak. The aforesaid policy of the State Government was subject matter of challenge in various writ petitions.

(3.) Learned advocate Mr.Mangukiya for the petitioners has placed reliance on the various judgments and orders passed by the Coordinate Bench as well as the Full Bench decision, one of such decision dtd. 31/8/2004 passed in Special Civil Application Nos.10446 and 10465 of 2000 and the judgment dtd. 30/9/2004 passed in Special Civil Application No.3562 of 2004. Thus, he has submitted that the present writ petition may be allowed by directing the respondents to consider the case of the petitioners for the appointment to the post of Vidhya Sahayak.