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2021 Supreme(Guj) 140

VIKRAM NATH, ASHUTOSH J.SHASTRI
STATE OF GUJARAT – Appellant
Versus
SHAH KALPESH KANUBHAI – Respondent


Advocates Appeared:
For the Appellant : MS SHRUTI PATHAK ASSISTANT GOVERNMENT PLEADER
For the Respondent: MS MAMTA R VYAS

JUDGMENT :

ASHUTOSH J. SHASTRI, J.

1. The present Letters Patent Appeal under Clause 15 of the Letters Patent is filed by the appellants assailing the correctness of the order passed by the learned Single Judge dated 24.01.2020 in the aforesaid writ petition whereby, the learned Single Judge has allowed the petition with a consequential direction to the present appellants to appoint the respondent – original petitioner to the post of ‘Shikshan Sahayak’ in the school of respondent no. 3 (respondent no. 2 herein) forthwith and in the event if no vacancy at which he was offered appointment, then appropriate posting may be given to the respondent – original petitioner on a vacant post at any other suitable place.

2. The background of facts is that the respondent – original petitioner has approached this Court under Article 226 of the Constitution of India, on the premise that pursuant to the advertisement issued for the post of ‘Shikshan Sahayak’ for the subjects of Maths and Science, online application was submitted as the respondent – original petitioner had cleared B.Sc., from M.S. University, Baroda in the subjects of Statistics/Maths/Physics and completed his B.Ed., degree from Hemch

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