TRIVEDI SANGITABEN KIRTILAL Vs. DIST PRIMARY EDUCATION OFFICER

JUDGEMENT

(1.) This petition, under Article 226 of the Constitution of India, is filed by the petitioner with a prayer to quash and set aside the order passed by the respondent no.3, 'Vidhya Sahayak Samiti', dated 31.08.1999 and also to quash and set aside the new advertisement dated 30th April, 1999 issued by the respondent no.1 and further direct respondent no.1 to give appointment to the petitioner as 'Vidhya Sahayak', in the category of female ATD candidates, by applying criteria of 30% reservation provided for women as per the policy decision dated 09th April, 1997 issued by the General Administrative Department of Government of Gujarat.

(2.) It is the case of the petitioner in exercise of powers conferred by the proviso to Article 309 of the Constitution of India, Governor of Gujarat made certain rules by which the benefit of reservation of 30% was provided for women in the services under the State of Gujarat. The said reservation was to be made applicable to Schedule Castes, Scheduled Tribe and S.E.B.C. also.

(3.) The said notification was issued by the General Administrative Department of the State of Gujarat on 09th April, 1997. It is to be noted that apropos to the above notification, circular dated 22.05.1997 came to be issued by providing certain qualifications about applicability of the notification dated 09th April, 1997.