STATE OF GUJARAT Vs. VAIDYA AMITKUMAR ASHWINKUMAR

JUDGEMENT

(1.) ADMIT. Learned advocate Mr. Hardik Jani waives service of notice of admission on behalf of the respondent No. 1 and learned advocate Mr. Meet Shah waives service of notice of admission on behalf of respondent No.2. With consent of the respective parties, the present matters are taken up for final hearing today.

(2.) The present appeals emanate from the common judgment and order dtd. 26/8/2021 passed by the learned Single Judge in the captioned writ petitions, wherein and whereby the learned Single Judge has allowed the petitions filed by the respondent - candidates seeking appointment to the post of Shikshan Sahayak/Teacher in the Grant-in-aid Higher Secondary Schools.

(3.) The facts in brief as recorded by the learned Single Judge are that, pursuant to the recruitment undertaken by the State for the appointment to the post of Teacher in the Grant-in-aid Higher Secondary Schools, the original petitioners after clearing the selection process, were not appointed for the reason that their degrees in Graduate and Post Graduate do not fulfill the criteria of notification dtd. 11/2/2011, wherein the Teachers and Head Masters of Registered Private Secondary and Higher Secondary Schools (Procedure for Selection) Rules, 2011 (for short 'the Rules') are promulgated. It is the case of the State that as per the Appendix-I(3), the respondent - candidates are not entitled to additional 10 marks for their degrees of Post Graduate since they have cleared the post-graduation in the subject of 'Industrial Chemistry'. It is contended that the graduation degree of the respondent - candidates is in 'Chemistry', whereas the post-graduation degree is in 'Industrial Chemistry'. Since, they were not offered appointment, they filed the captioned writ petitions and the learned Single Judge allowed the same.