( 1 ) RULE. Service of notice of rule is waived by learned AGP Mr. Amit Patel on behalf of the respondent State Authority. In the facts and circumstances of the case and with consent of both the learned Advocates, matter is taken up for final hearing today.

( 2 ) HEARD learned Advocate Mr. BP Jasani for petitioner and Mr. Amit Patel, learned AGP for State Authority.

( 3 ) PROPOSAL for obtaining NOC for the post of Vidya Sahayak was made by petitioner on 21. 8. 2006. The District Education Officer granted NOC for recruitment of Vidya Sahayak on 3. 8. 2006. Thereafter, on 28. 10. 2006, public advertisement was given in Sandesh Daily News Paper inviting applications. ON 5. 12. 2006, duly constituted selection committee selected respondent No. 4 for the post of Vidya Sahayak and on 7. 12. 2006, respondent No. 4 came to be appointed as Vidya Sahayak having qualification of B. Com. , BP Ed and respondent No. 4 resumed duty on 12. 12. 2006. Thereafter, on 15. 12. 2006, proposal was made by the petitioner to the District Education Officer for necessary approval but on12. 2. 2007, the District Education Officer informed the petitioner that according to the decision given by