CHAUDHARI VINODKUMAR NARSANGBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In the present writ petition, the petitioner has challenged the order dated 18.04.2009 passed by the respondent No.3-District Education Officer (DEO). Further directions are sought against the respondent Nos.4 and 5 to give him the appointment as Shikshan Sahayak in Shri Madhavlal Shah High School, Khambhat, with all consequential benefits on the basis of his selection as 2nd rank obtained by him in the interview held on 05.12.2008 pursuant to the advertisement dated 03.10.2006.

(2.) The brief facts of the case leading to filing of the present writ petition are as under:

(3.) After the aforesaid report, Special Civil Application No.2858 of 2009 was disposed of by an order dated 24.04.2009 by observing that in view of the order dated 08.04.2009, if the allegations are found to be true on inquiry by the DEO, it warrants de-recognition of the school run by the respondent No.4 and actions against the members of the Selection Committee. The Court has observed that such actions, conducts, irregularities and illegalities are required to be viewed very seriously and it can be said to be tampering or manipulating with the records, for which strict actions are required to be taken against all concerned i.e. respondent Nos.4 and 5 as well as all the members of the Selection Committee, who had conducted the interview on 05.12.2008. This Court in the final directions has granted liberty to the present petitioner to file a fresh petition challenging the order passed by the DEO/quashing and setting aside the entire selection process and without prejudice to the rights and contentions of the petitioner to claim appointment. Hence, the petitioner has filed the captioned writ petition claiming appointment to the aforesaid post.