PATEL TULSIBEN AMBALAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present group of matters have been filed to challenge the decision of the respondent No. 2-Director of Primary Education "dated 17-7-2008 directing all the District Primary Education Officers of the district Education Committees and the Administrative Officers of the Municipal school Boards to ignore/cancel the certificates of sports issued by respondent no. 7-Gujarat State Women's Football Association, Chandkheda, Dist. Gandhinagar (in Special Civil Application No. 9574 of 2008), Gujarat State Kabaddi association/gujarat State Athletic Association/wrestling Association of Gujarat, ahmedabad for the purpose of 5% additional marks as weightage to be given on the basis of such certificates of sports in the recruitment to the post of Vidya sahayak.

(2.) SINCE, the issues involved in all these petitions are more or less the same and the challenge is to the impugned decision dated 17-7-2008 in all the matters, all these petitions are heard and disposed of together by this common judgment. Facts :

(3.) IN order to fill up the post of Vidya Sahayak in primary schools, the district Education Committees and the Municipal School Boards have undertaken the recruitment in different districts. This exercise has been initiated or started pursuant to the previous litigation and the order passed by this Court in Special civil Application No. 20049 of 2005 and allied matters. For such exercise for filling up of the posts as per the policy of the State Government to promote the sports and sports persons 5% weightage has been decided to be given to such sports persons on the basis of the sports certificates issued to them by the recognized sports associations of the State which are in turn affiliated to the federation of the respective sports recognized by the Ministry of Youth Affairs and Sports, Government of India. It is also required to be mentioned that there were petitions being Special Civil Application Nos. 4624 of 2007 and 3102 of 2008 filed challenging this aspect of giving of 5% weightage on the basis of such certificates on the ground that the State Government came to know about some associations/institutions distributing bogus certificates which are not recognized. Therefore, the root cause of the controversy or the issue was regarding providing 5% additional marks/weightage to the candidates appearing for the post of Vidya Sahayak on the basis of such certificates, which in turn are said to have been issued by the associations not complying with the norms, which in turn prejudice the meritorious candidates, and thereby, preference is given to the candidates with such certificates and the meritorious candidates are denied the opportunity of employment.