CHAUHAN VANRAJSINH RATANSINH Vs. DISTRICT PRIMARY EDUCATION OFFICER

JUDGEMENT

(1.) By way of this petition, the petitioner seeks the relief, `to direct the respondent to consider his case for appointment as `Vidhya Sahayak' pursuant to the advertisement dated 1st May, 1999 and the application submitted by him with attested copies of all certificates and to issue order of appointment on that basis'. It is also prayed to `direct the respondent not to exclude the petitioner from consideration for appointment as `Vidhya Sahayak' only on the ground that he has submitted attested copies of all certificates along with his application and not the original certificates'.

(2.) The petitioner has approached this Court contending that the respondent cannot reject his application for the post of `Vidhya Sahayak' made in response to an advertisement published in a Gujarati Daily, "Gujarat Samachar", dated 1st May, 1999, only on the ground that the application did not accompany the original certificates.

(3.) Mr.K.B.Pujara, learned Advocate appearing for the petitioner, submitted that the petitioner stand in merit having secured 74.51% on the basis of results of P.T.C. and H.S.C. Examinations. Mr.Pujara pointed out from Annexure-D to the petition that in Anand District, candidates belonging to Baxi Panch were recruited upto 72.18% in male category of P.T.C. qualified candidates. The petitioner, having secured 74.51% i.e. higher than 72.18%, was entitled to get the appointment. Mr.Pujara submitted that the question of asking the candidates to submit their original certificates had come up for consideration of this Court in number of cases, one of them, being Special Civil Application No.6504 of 1998 (in the matter of Patel Nanjibhai Kumpaji & Ors. vs. District Primary Education Officer & Ors.). The same was decided by this Court (Coram:Mr.Justice N.N.Mathur [as he then was]) by judgement and order dated 13th August, 1998 wherein the Court was pleased to hold that: