JADAV MANOHAR GULABRAO Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. MR. K.L. Pandya, learned A.G.P. waives service of notice of Rule on behalf of the respondent No.1. Mr. Prasant G. Desai, learned advocate waives service of notice of Rule on behalf of the respondent Nos.2 and 3. Present petition is preferred against the order passed by the respondent No. 2 at Annexure-E dated 7-8-2002 whereby the respondent No.2 has issued general directions on the basis of the letter issued by the respondent No. 1 dated 1-8-2000 wherein it was stated by the respondent No. 1 that for the post of "Vidya Sahayak" eligibility of trained graduate - B.Ed is cancelled. This change in the qualification of the "Vidya Sahayak" made the petitioner disqualified for the post of "Vidhya Sahayak".

(2.) Heard the learned advocate for the petitioner, the learned A.G.P. for the respondent No. 1 and advocate for the respondent Nos. 2 and 3.

(3.) Learned advocate for the petitioner submitted that in pursuance of the advertisement the petitioner had applied for the post of "Vidhya Sahayak" and at that time the petitioner was eligible for the said post of "Vidya Sahayak" but subsequent change in the qualification made by the respondent No. 1 the qualification of the petitioner has been affected. The present petitioner is similarly situated person like other candidates who had preferred Special Civil Application Nos. 10446 and 10465 of 2000 which have been allowed by this Court vide order dated 31-8-2004 copy of the judgment thereof is produced at Annexure-F to the present compilation. At para 4.2 of the said judgment dated 31-8-2004 certain directions have been given by this Court to the respondents No. 2 and 3, which reads as under :