HARSHIDABEN DASHRATHLAL TRIVEDI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal under Clause 15 of the Letters Patent is directed against the order dated 29.08.2012 passed by the Learned Single Judge in the petition filed by the appellant under Article 226 of the Constitution of India, seeking to quash order dated 26.03.2012 passed by the Deputy Secretary, Education Department, State of Gujarat. The appellant has also sought direction against the respondents to absorb the appellant as per the order dated 14.08.2004 passed by the District Education Officer, Ahmedabad City, declaring the appellant as surplus. The appellant has sought further direction to treat her services as continuous services from the date of her termination till the date of her absorption in service.

(2.) BY impugned order dated 26.03.2012, the Deputy Secretary, Education Department, rejected the representation of the appellant and confirmed the order dated 03.12.2004 passed by the respondent No.2 Commissioner of Schools. The Commissioner of Schools did not accept the representation of the appellant for her absorption on the ground that though the appellant was not handicapped candidate, still she was appointed against the reserved post for handicapped candidate as teacher. Thus, her appointment was wrongly made. For such irregularity, the Commissioner directed the District Education Officer to lodge police case against the Managing Trustee of the school.

(3.) THE Learned Single Judge dismissed the petition on the ground that when the recognition of the institution was canceled due to serious irregularity and appointment of the appellant was one of such irregularities, the view taken by the Commissioner of Schools and confirmed by the State Government was just and proper. Learned Single Judge, however, directed that considering the 13 years of service of the appellant, the benefit which the appellant deserves shall be given to her within period of 3 months from the date of receipt of the order.