CHAMIYARA RAJESH RAMJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant, original petitioner in Special Civil Application No.14908 of 2004, has taken out this Letters Patent Appeal assailing the order and judgment passed by the learned Single Judge on 28.03.2005 in three petitions, whereby the Court while partly-allowing the petitions upheld the decision of the Authority to consider and count the weightage given to Higher Secondary Certificate (hereinafter referred to as "H.S.C."?) and directed the Authorities to count the weightage for marks obtained in B.P.Ed instead of B.P.E, which of course resulted into enhancing the marks of the petitioner marginally but did not yield him a place in the select list. As per the submission of the learned Counsel for the appellant, the case of the petitioner could have been considered by counting both i.e. B.P.Ed. and B.P.E. for trained Graduate and Graduate respectively and the learned Single Judge erred in not directing the same, which gives rise to filing of this Letters Patent Appeal.

(2.) The facts in brief as gathered from the judgment and shorn off necessary details, deserve to be set out as under :-

(3.) Learned Counsel for the respondents submitted that the petitioner unfortunately has not been possessing the qualification of B.Ed. i.e. trained teachers"? qualification and qualifications of B.P.E. and B.P.Ed. are being treated at par equivalent to B.Ed. The petitioner's claim to add him in category at Page 18 cannot be sustained as the petitioner had not claimed any equivalence or declaration of B.P.E. being equivalent to Graduation.