JUDGMENT :

Biren Vaishnav, J.

1. These Letters Patent Appeals filed by the District Primary Education Officer, Kheda, arise out of a common oral judgment dated 13.12.2018 passed by the learned Single Judge. By the judgment under challenge, the learned Single Judge allowed the petitions, filed by the petitioners, who were appointed as Vidya Sahayaks were dismissed from service. The orders of dismissal were set aside.

2. Before dealing with the two groups of Letters Patent Appeals, facts in brief which are common are set out herein after.

3. The appellant, the District Primary Education Officer, Kheda, issued an advertisement dated 22.04.2008 for filling up 257 vacancies of Vidya Sahayaks, namely (1) P.T.C. - 226, (2) CP.Ed -13, (3) A.T.D - 10 and (4) Sangeet Visharad-8.

4. As per the prevailing policy of the State Government, Candidates who had participated in sports were entitled to additional weightage of 5% marks for being considered for appointment. 32 respondents herein had applied and secured their appointments on the basis of production and verification of their Sports Certificates and their placement on such merit list was on the basis of they having secured 5% additional weighta