HARGOVINDBHAI SANKABHAI RABARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner in this petition under Article 226 of the Constitution of India challenges the action of the respondentauthority by seeking the following substantial reliefs :

(2.) The factual score that is essential to be depicted is that the petitioner was appointed as an Armed Police Sub Inspector on his clearing Rashtrabhasha Ratna examination conducted by the Rashtrabhasha Prachar Samiti (hereinafter referred to as 'the Samiti'), Vardha. This qualification was treated as equivalent to graduation. This Samiti is a part of the Ashram established by Mahatma Gandhiji in Vardha after he left Sabarmati (Gandhi) Ashram at Ahmedabad.

(3.) An affidavitinreply has been filed by the respondent No.3Ashokkumar Ramjibhai Pandor, Assistant Commandant, SRPF Group 17, Chela, District Jamnagar. It is not in dispute that the petitioner had applied for the post of Platoon Commandar in SRPF and was appointed vide order dated April 13, 1994. According to the respondentdeponent, the petitioner did not fulfill the requisite criteria of educational qualification, which was necessary under the Bombay State Reserved Police Force (First Amendment) Rules, 1991 (hereinafter referred to as 'the Rules').