DR.SANDIPBHAI JAGDISHCHANDRA JOSHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present writ petitions are filed praying for the following reliefs:

(2.) The factual matrix of the present case is that the petitioner was appointed as an Assistant Teacher (Science) in Sheth S.D.L. Shah High School, Bhagal at Palanpur on 2/7/1993. Thereafter, the petitioner was appointed as Junior Lecturer in Gujarat Council of Education Research and Training (for short, "GCERT") in the year 1997. The petitioner was thereafter, posted as Special Educator in IEDCL at GCERT in the year 2004. The petitioner was further given an additional charge as Science Advisor at Patan from 2005. An advertisement came to be published by GPSC in the year 2006 for the recruitment of the District Education Officer and its equivalent post of Class-I (Administration). The petitioner applied in pursuance to the said advertisement, the written test was conducted on 10/9/2006 and it was successfully cleared by the petitioner. The petitioner was called for oral interview and after successfully clearing the oral interview, the petitioner was placed at serial No.2 in the waiting list. The petitioner made several representations to operate the waiting list to the respondent No.1 but despite making several representations, it is the grievance of the petitioner that the waiting list was not operated, and therefore, aggrieved the petitioner has filed the present writ petition.

(3.) Ms. Priyanshi Gandhi, learned advocate appearing for Ms. Anuja Nanavati, learned advocate for the petitioner submits that respondent Nos.2 and 3 came to be appointed to the post of District Primary Education Officer dehors the eligibility criteria stated in the advertisement. She submits that there are several Government Resolutions which have been issued by the State Government stating that CCC Certificate is a must so far as the direct recruitment is concerned. She submits that a perusal of the appointment order with respect to the respondent Nos.2 and 3 shows that they did not possess the requisite qualification of having CCC Certificate, and therefore, their appointments are laible to be cancelled and the petitioner herein be appointed against the said post as he is having the requisite qualification. She submits that despite the long years of service, the petitioner is not being appointed to the said Class-I post though there are sanctioned vacant posts available.