VISHAL MANHARBHAI VALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been preferred, interalia with a prayer to quash and set aside the order dated 03.02.2011, passed by respondent No.2, whereby the application of the petitioner for the grant of compassionate appointment has been rejected, as well as the communication dated 04.03.2011, intimating the petitioner regarding the rejection of his application. A direction is prayed for to direct the respondents to reconsider the case of the petitioner for the grant of compassionate appointment sympathetically and to appoint him on a ClassIV post, as expeditiously as possible.

(2.) The brief facts leading to the filing of the present petition are as follows:

(3.) Mr.C.P. Champaneri, learned advocate for the petitioner, has submitted that the impugned order dated 03.02.2011, passed by respondent No.2, indicates sheer nonapplication of mind, as the grounds of rejection contained in the said order, namely, that the petitioner has not attained the age of majority or passed the SSC examination, are factually incorrect as, at the relevant point of time, the petitioner fulfilled both the said requirements. Respondent No.3, while recommending the case of the petitioner has clearly stated that the petitioner has attained the age of eighteen years and passed the SSC examination, therefore, his case deserves to be considered. Respondent No.2, without considering the above facts, has mechanically rejected the application of the petitioner by displaying absolute nonapplication of mind, even though the petitioner possessed the eligibility criteria and his case was deserving of consideration.