PATEL KAMINIBEN KANAIYALAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition under Articles 14,16,19, 21 and 226 of the Constitution of India, seeking directions to the respondents to appoint the petitioner as Vidya Sahayak by operating waiting list.

(2.) There is no dispute on the point that the posts of Vidya Sahayak were advertised and a waiting list of 20% of such posts was prepared, the life of which was for a period of one year from 9.3.2007. It is the grievance of the petitioner that after filling up the posts, waiting list was operated and five posts have fallen vacant because of some disciplinary proceedings against these candidates, and accordingly, those five vacancies should have been offered to the next candidates including the petitioner as he was at sr. no. 18 in the waiting list.

(3.) Learned counsel Mr. Pujara for the petitioner has submitted that the petitioner was at sr. no. 18 in the waiting list. The waiting list has been operated till Sr. No. 13, however, five candidates selected from such waiting list were removed because of disciplinary proceeding and their removal has resulted into vacation of five more vacancies during the period from 9.2007 to 8.2008 and the petitioner being at Sr. No. 18, should have been offered the post of Vidya Sahayak. It has been argued that apart from the aforementioned five vacancies, two candidates from the original list also could not join, and as a result thereof, there were seven vacancies with the respondents and action of respondents in not offering appointment to the petitioner was against the law and Circular issued by the State Government.