DISTRICT PRIMARY EDUCATION OFFICER Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this inter Court appeal filed under clause 15 of Letters Patent, the appellants - The District Primary Education Officer and Taluka Primary Education Officer have challenged the judgment and order dtd. 13/12/2022 delivered in Special Civil Application No.9342 of 2022 and Special Civil Application No.9784 of 2022. Present Letters Patent Appeal is filed against finding qua Special Civil Application No.9342 of 2022 recorded in common oral order.

(2.) Briefly stated the facts of the case are as under.

(3.) In same Special Civil Applications, this Court passed order that the authorities should have organized the option camps and the petitioners who were qualified to hold the posts in upper primary division be given option of being so absorbed in upper primary division in the same school. The petitioner's request was not accepted on the ground that in view of resolution dtd. 1/4/2022, the petitioner was required to clear TET-II exam for getting absorption in upper primary division. The petitioner claimed that his case was governed by CAV judgment dtd. 5/5/2022 delivered in Special Civil application No.15537 of 2020, yet he was not absorbed in upper primary division, therefore, same is violative of Article 14, 16 and 21 of Constitution of India and by way of Special Civil Application No.9342 of 2022, the petitioner challenges such action. The relief claimed by the petitioners in the said petition reads as under :-