KALPANABEN DINESHBHAI CHAUDHRY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Mr. Shivang Shukla, learned Assistant Government Pleader waives service of Rule on behalf of respondent Nos. 1 to 4 who can be said to be main contesting parties. With the consent of the learned Advocates appearing on behalf of the respective parties, the petition is taken up for final hearing today.

(2.) BY way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for an appropriate writ, direction and/or order to quash and set aside the impugned communication dated 13. 06. 2007 (Annexure -M) by which Deputy Director, Tribal Development, State of Gujarat, Gandhinagar has refused to grant approval to the selection and appointment of the petitioner as Vidya Sahayak.

(3.) IT the case on behalf of the petitioner that the petitioner came to be selected for the post of Vidya Sahayak on the basis of interview held by respondent No. 5 on 26. 04. 2006 which was after following due procedure of selection and subject to the approval of the concerned Department. The petitioner came to be appointed on 01. 05. 2006. It is the case on behalf of the petitioner that on the very day i. e. 01. 05. 2006 a proposal was send to the concerned respondents for its approval. However, no decision was taken and thereafter by impugned communication dated 13. 06. 2007, respondent No. 5 as well as Ashramshala Adikari, Surat was informed that in view of Government Resolution dated 18. 04. 2007, no approval can be granted and process for fresh selection is to be initiated. Being aggrieved and dissatisfied with the same, the petitioner has preferred present Special Civil Application under Article 226 of the Constitution of India.