GOHIL AVDHESHKUMAR PUSHPENDRASINH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Advocate Mr.K.B. Pujara for the petitioner and Mr.Krutik Parikh, learned Assistant Government Pleader for the Respondents. Perused the record.

(2.) I have no option but to record in the beginning itself that this is a gross case of clear arbitrariness and discrimination on the part of the respondent which has resulted into multiple litigations when State has tried to drive the clock in reverse direction once they noticed their misdeeds. Though, it is a case of clear arbitrariness and discrimination amongst equally situated candidates, State has tried its level best to get rid of any direction against them mainly on two grounds viz; (1) delay in approaching the Court and (2) upper age limit of the petitioner at the time of applying for the post.

(3.) It is undisputed fact that an open interview was held on 18.2.2005 for two posts of Ashram Shala teachers under the respondent No.4 - the school management wherein present Petitioner and one Mr.Jayesh Hirabhai Thakkar were duly selected and, therefore, respondent No.4 has sought for approval for their appointment from the department i.e. respondent Nos.1 to 3.