Mahida Dineshbhai Ambalal vs State Of Gujarat & 2 Other(s)

N.V.Anjaria, J

Heard learned advocate Mr. Deepak Sanchela for the petitioner and learned Assistant Government Pleader Mr. Manan Mehta for the respondents.

The prayer in this petition reads as under, "(i) to direct the respondent authorities to reshuffle the vacant post of Higher Secondary Sikshan Sahayak pursuant to the advertisement for the post of Higher Secondary Shikshan Sahayak forthwith and accordingly the direction may be given to the respondent authorities to give the Choice, reference letter and appointment to the petitioner at 1. Anand Open or 2. Kheda Open Districts wherever the post of Higher Secondary Shikshan Sahayak is vacant"

The facts of the case of the petitioner are inter alia that the petitioner applied for the post of English Teacher, in which process he was selected by securing 61.30% merit and was called in for choice of district in the first round. The petitioner gave names of districts of his choice. However, the petitioner was posted in a school situated in Taluka Bodeli, District Chota Udepur, which is not the choice given by the petitioner.

3.1 It is the case of the petitioner that the merit which he scored entitles him for allocation of other school of his choice and that candidates having lessor merit, were allotted the nearby district of choice. The petitioner joined the school allotted to him in the said district.

3.2 It was stated that similarly situated persons who were aggrieved because of allocation of district, filed Special Civil Application No. 20332 of 2016 which proceedings culminated into the order of the division Bench in Letters Patent Appeal No. 535 of 2017 and other allied appeals decided on 11.1.2018. The petitioner relies on the observations of this court on the aforementioned Letters Patent Appeal in support of the relief claimed herein.

3.3 In the aforementioned Letters Patent Appeal the Division Bench stated and directed thus, "7. In view of the above and for the reasons stated above more particularly the broad consensus between the respective parties recorded hereinabove, the impugned common judgment and order passed by the learned Single Judge in Special Civil Application No.20332/2016 and other allied Special Civil Applications is hereby modified and the present Letters Patent Appeals are disposed of with following directions and observations.

That as and when fresh recruitment process in future is undertaken, before filling up the posts, the original petitioners shall be offered the appointments in the District / Schools of their choice / option as mentioned in their respective applications for the recruitment in question, subject to availability of the posts in the respective categories / class / subject etc. Therefore, it is directed that before the fresh recruitment process begins and/or exercise for fresh recruitment is undertaken, the original petitioners herein shall be intimated the Districts / Schools in which the posts are required to be filled in, however subject to the availability of the posts in the particular class / reservation and the subject and if the original petitioners so choose, they may be offered the posting by way of transfer as one time measure and as a special case in the District / School of their choice / option as per their applications for the recruitment in question. It is observed that in case any of the original petitioner does not avail the opportunity in future, it can be said that they have waived their right of getting the appointment in the District / School of their choice / option given in the applications.

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The present order shall be applicable to only those candidates who have approached before this Court by way of present Special Civil Applications and the same shall not be applicable to any other candidate who as such have not made any grievance till date.

It is observed that the present order and the arrangement is directed in the peculiar facts and circumstances of the case and with a view to see that all those candidates who have already resumed the duties are not affected. It is required to be noted that as such it is found that as such the State Government has not followed the procedure for filling up the post in question, as required to be followed as per the Rules, 2011 and therefore, with a view to avoid any further complication, the present order is passed."

Since the petitioner has put forth his case that the decision and the observations in the aforementioned Letters Patent Appeal No. 535 of 2017 would apply to his case, it would be proper to relegate the petitioner to the respondent authorities for consideration of his claim.

Therefore, the petitioner is permitted to make representation to the respondents who shall act through their competent authority to respond to the representation by deciding the same in accordance with the observations of the Division Bench in the aforesaid Letters Patent Appeal.

This court has not expressed any opinion on the entitlement of the petitioner, however, observations of the Division Bench in particular para 4 and 5 reproduced above, have been noted.

This petition is accordingly disposed of. Direct service is permitted today.