SOLANKI BHARATSINH TAKHATSINH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) APPELLANT , original petitioner has challenged judgement of the learned Single Judge dated 04.07.2012 in Special Civil Application No. 7567 of 2012. By such judgement, learned Single Judge dismissed the petition primarily on the ground of delay and laches.

(2.) BRIEF facts are that, the petitioner had applied for the post of Vidya Sahayak in response to the advertisement issued by the State Government on 15.07.2011. Petitioner belongs to Socially and Educationally Backward Class ('SEBC' for short). The petitioner's name was shown in the merit list for language teacher. Call letters were issued for holding interview in the form of consultation to be held on 25/26/27.08.2011. However, in the late hours on 26.08.2011, the petitioner received electronic communication from the respondents that all SEBC seats having been filled up, he need not appear for interview on 27.08.2011.

(3.) IT is undisputed that large number of reserved category candidates, who were similarly not offered posts pursuant to the same selection process, approached this Court by filing Special Civil Application No. 12266 of 2011 and connected petitions. Various contentions were raised including that by virtue of the law settled by the Supreme Court in various cases including in the decision in case of R.K.Sabharwal vs. State of Punjab, 1995 AIR(SC) 1371 those reserved category candidates who are placed in the select list on the open category on their own merits would not count towards reserved seats of their respective categories. The writ petitions came to be allowed by the learned Single Judge by a common judgement dated 31.08.2012 in case of Meenaben Nanjibhai Chauhan and ors. vs. Chairman, Gujarat State Primary Education Selection Committee and ors. giving following directions: