PATEL MAHENDRA B Vs. DISTRICT EDUCATION OFFICER

JUDGEMENT

(1.) THIS petition has been filed with the following prayers:

(2.) THE brief facts of the case, emerging from a perusal of the averments made in the petition, are that the petitioner, who is said to be having a qualification of M.A., B.Ed., applied for the post of Vidya Sahayak pursuant to advertisement dated 10.11.2001. According to the petitioner, he was having the requisite qualification of M.A., B.Ed. in the subjects of English and Sanskrit. The petitioner was interviewed by the Selection Committee and the names of the selected candidates were put up on the notice -board, in which, the name of the petitioner stood at Sr.No.1. The grievance of the petitioner is that in spite of being selected, appointment letter has not been issued to him for the reason that there was no approval from the District Education Officer concerned. It transpires from the averments made in the petition that earlier, the petitioner had filed Special Civil Application No.7317 of 2002 wherein this Court (Coram: A.L.Dave, J.), by order dated 9.8.2002, permitted the petitioner to withdraw the petition with a view to approaching the appropriate authority for redressal of his grievance. It is averred that pursuant to the order dated 9.8.2002, the petitioner preferred representation dated 14.8.2002 to the District Education Officer, Ahmedabad City. When no reply was received by the petitioner to the representation, reminder dated 31.8.2002 was sent but to no avail. The petitioner, therefore approached this Court by filing the present petition.

(3.) NOTICE was issued in the petition on 30.9.2002 and by way of ad -interim relief, the respondents Nos.2 and 3 were restrained from holding any interviews or making any appointments pursuant to the advertisement dated 26.9.2002 (Annexure -H to the petition). Thereafter, Rule was issued on 11.12.2003.