ORDER :

This note for speaking to minutes is filed by the learned advocate for the petitioner in Special Civil Application No. 297 of 2013, stating that due to typographical mistake in Paragraph No.2.1 (on Page 2) in 5th line of the judgment dated 22.10.2019 rendered by this court, the words “Special Civil Application No. 6927” is to be replaced with “the Special Civil Application No. 6921”.

It is submitted by the learned advocate for the petitioner that in 3rd line of paragraph No. 3.2 (page No. 4) words “annexed at page No. 101” are inadvertently mentioned, which are required to be deleted from such paragraph.

It is further submitted by the learned advocate for the petitioner that in 4th line of paragraph No. 3.2. (page No. 4) words “Gujarat State Kabaddi Selection Tournament from 28.11.2002 to 29.11.2002” are mentioned inadvertently, which are required to be corrected as “55 Senior National Kabaddi Championship-2007 from 12.12.2007 to 16.12.2007.

Considering the contents of the Note for speaking to minute, the present Note for speaking to minutes is allowed.

Rest of the order remains intact. Registry to prepare and issue fresh writ accordingly. Note stands disposed of accordingly.

JUDGMENT :

22-10-2019

1. The present petition has been filed seeking quashing and setting aside the impugned order dated 01.11.2011 passed by respondent No.3 – District Primary Education Officer, as violative of Articles 14, 21 and 311 of the Constitution and of the provisions of the Gujarat Civil Services (Discipline and Appeal) Rules, 1971.

2. It is stated that in response to the application of the petitioner for the post of Vidhya Sahayak, after due process of selection and after due verification of the certificates and testimonials of the petitioner, respondent No.3 – District Primary Education Officer, Vadodara issued an appointment order dated 06.12.2008 appointing the petitioner as Vidhya Sahayak.

2.1 After two years, by the order dated 29.04.2011 passed by the respondent No.3 – District Primary Education Officer, Vadodara, the service of the petitioner as Vidhya Sahayak, was terminated. Being aggrieved by the order of termination, the petitioner approached this Court by filing a writ petition being Special Civil Application No.6927 of 2011 under Article 226 of the Constitution of India, challenging the legality and validity of the said termination order on various grounds. Several other writ petitions also came to be filed by similarly situated Vidhya Sahayaks. Thereafter, by a common oral order dated 13.07.2011, this Court disposed of the aforesaid group of writ petitions by directing the respondent authorities to constitute a committee of three officers, one officer from the office of Director of Primary Education, one officer from Education Department not below the rank of under Secretary, and District Primary Education Officer, Vadodara to examine the cases of the petitioners, who were terminated from service independently without being influenced by the earlier termination orders. It was also directed therein that the petitioners should be given show cause notice alongwith all the documents that are going to be relied upon by the committee and also should be afforded a personal hearing and the final decision taken by the committee is required to be communicated to the petitioners individually by RPAD.

2.2 After following the direction of this Court vide order dated 01.11.2011, respondent No.3 – District Primary Education Officer, Vadodara, cancelled the appointment order dated 06.12.2008 appointing the petitioner to the post of Vidhya Sahayak and removed her from the service as Vidhya Sahayak without affecting her eligibility for future employment on the ground that the Sports Certificate produced by the petitioner was found to be a fake one.

2.3 Being aggrieved by the impugned order dated 01.11.2011 passed by respondent No.3 – District Primary Education Officer, Vadodara, cancelling the appointment order dated 06.12.2008, the captioned petition