KOTHI MUHAMMED HANIF Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate Mr.K.B. Pujara for the petitioner, learned Assistant Government Pleader Mr.Manan Mehta for respondent Nos.1 and 2, whereas learned advocate Mr.U.M. Shastri for respondent No.3.

(2.) By filing the present petition under Art. 226 of the Constitution, the petitioner seeks declaration that the action on part of the respondents in denying the petitioner the appointment to the post of Vidhya Sahayak is illegal. The petitioner has prayed to set aside communication-cum-order dated 03rd Oct., 2018 passed by respondent No.2 treating the petitioner not eligible to the post of Vidhya Sahayak. It was on the ground that the petitioner could not show that he had passed the Teachers Aptitude Test. The petitioner prayed to issue the order of appointment granting consequential benefits.

(3.) The petitioner, who belonged to Socially and Educationally Backward Class, applied for the post of Vidhya Sahayak for standards 1 to 5 in the Urdu and other Medium, which was advertised on 13th June, 2018. The petitioner has to his credit the educational qualifications of Higher Secondary Certificate (H.S.C.), Primary Teachers Certificate (P.T.C.) and Bachelor of Arts (B.A.) qualification. The petitioner appeared at the Rajasthan Eligibility Examination for Teacher (REET-2015), Level 1 Examination and was declared not to have passed the examination as the petitioner obtained 59.33% marks in the said examination. Admittedly, the passing standard fixed by Rajasthan Board was minimum 60% marks.