JUDGMENT :

N.V. ANJARIA, J.

1. Could a candidate who obtained his basic degree qualifications in Hindi medium of instruction, plead breach of Articles 14 and 16 of the Constitution, upon being treated not eligible for appointment as a teacher in the school imparting education in Gujarati medium?

2. By filing the present petition under Article 226 of the Constitution, the petitioner seeks to set at naught the action on part of the respondents in denying the appointment to the petitioner on the post of Shikshan Sahayak. The petitioner further wants this Court to declare that the petitioner was eligible to be appointed to the post for Maths/Science subject. The petitioner has prayed to grant appointment and all consequential benefits of salary and seniority to be given appointment on the post from 23rd March, 2017 along with other candidates in the recruitment process.

3. The petitioner has stated that he passed B.Sc. (Chemistry) examination as also obtained M.Sc. (Chemistry). These degrees were obtained from Mohanlal Sukhadia University, Udaipur, Rajasthan. The petitioner has further possessed B.Ed. Degree in the subjects of Maths, Science and I.T. Education from Gujarat University. The petitioner further cleared the Teachers' Aptitude Test-2014 of the Gujarat Secondary and Higher Secondary Education Board, Gandhinagar. According to the petitioner, he was qualified and eligible to be appointed as a Shikshan Sahayak in the secondary and higher secondary schools for the subjects of Maths and Science.

3.1 The petitioner, belonging to general category, applied pursuant to advertisement dated 01st February, 2017 issued for recruitment to the posts of Shikshan Sahayaks in the government secondary schools in Gujarati medium. Out of the total 1335 posts advertised, 647 posts were in respect of the subjects of Maths/Science, for which the petitioner had fared. As per the break up given by the petitioner of the categories in the Maths/Science subject, out of the total posts in the subject as above, 1400 posts were available for open category.

3.2 The petitioner was placed in the merit list of general category merit and was issued call letter on 19th March, 2017 for remaining present for the district selection. It is the case of the petitioner that he remained present with his original certificates and mark-sheets and filled up the necessary form. It appears that the petitioner, at the stage of document verification, was refused the appointment. He was told that since the petitioner had studied in Hindi medium, his candidature was not accepted. An endorsement on the form of the petitioner was made stating accordingly.

3.3 The Rules called Teachers of Government Secondary and Higher Secondary Rules (Procedure for Selection) Rules, 2012 as amended by Notification dated 02nd April, 2013 and further amended by Notification dated 23rd February, 2016 attend to the recruitment to the post. Rule 7 contemplates that in order to be eligible for appointment as Teacher in secondary school, the candidate shall have to possess a Bachelor's degree in Arts or Science or Commerce, obtained from any of the universities or institutions established or incorporated by Act of Parliament or by a State Legislature etc. or an equivalent qualification recognised as such the Government. It further stipulates that candidate should possess a Bachelor's degree in education obtained from any of the universities established or incorporated as above etc.

3.4 As a part of the advertisement published for recruitment of Shikshan Sahayak in Gujarati medium in the registered government colleges, the competent authority notified instructions and conditions which are part of the advertisement. Conditions mentioned in the advertisement include the eligibility stipulations as well as other conditions which a candidate would be required to satisfy. It provided that candidate would have to meet with the educational qualifications. It mentioned about the requirement of possessing the knowled