Point of Law: simply because NOC is granted by the authority, that will not give license to the petitioners to bypass the instructions which are mandatory to be observed as contained in the advertisement, for which there is a specific knowledge.

ORDER :

1. This petition under Article 226 of the Constitution of India is filed for the purpose of seeking the following reliefs:“

14(A) This petition be admitted and allowed.

(B) Your Lordship be pleased to issue a writ of mandamus or any other appropriate writ and or direction, directing the respondent authorities to give the marksheets and certificates lying with the respondent no. 4 and 5 authorities and allow the present petitioners to complete document verification to the recruitment for the post of Shikshan Sahayak in non-government grantinaid schools.

(C) Your Lordships be pleased to issue a writ of Mandamus or any other appropriate writ, or direction, directing the respondent authorities to include the names of the present petitioners in the provisional merit lists to after allowing the documents verification for the post of Shikshan Sahayak in non-government grantinaid schools.

(D) Your Lordships be pleased to issue a writ of Mandamus or any other appropriate writ or direction and order to respondents to quash and set aside the recruitment process of Advertisement Dt. 11.01.2021 for the recruitment of Shikshan Sahayak in non-government grantinaid Secondary and Higher Secondary Schools.

(E) During the pendency and final disposal of this petition, the respondent authorities may be directed to allow the present petitioners to complete the document verification on the basis of self attested or certified copies.

(F) During the pendency and final disposal of this petition, the respondent authorities may be directed not to publish provisional merit list to for the recruitment for the post of Shikshan Sahayak in non-government grantinaid schools for the English and Physics subjects in the Gujarati Medium

.

(G) Any other relief that may be deemed just, proper and necessary may also be kindly granted.”

2. The case of the petitioners is that respondent nos. 2 and 3 have issued one advertisement on 19.11.2019 for recruitment of Shikshan Sahayak in the Secondary and Higher Secondary Government School and the petitioners being eligible have applied for the same. Considering the eligibility, according to the petitioners, they have been called for allotment of schools by issuing call letters and directed to remain present on 07.01.2021 in the respective schools, so that the appointment letters can be issued.

2.1. It is the case of the petitioners that one of the condition was that the candidates have to keep their original mark sheets/certificates for the purpose of verification with the office for a period of six months for securing the appointments. Petitioner nos. 1 and 2 have applied in Secondary Shayak for English subject in Gujarati Medium School, whereas, petitioner no. 3 has applied for Secondary Sahayak for the subjects of Science and Technology/Mathematics. It is further the case of the petitioners that petitioner no. 1 has been given appointment letter by respondent no. 4 for the post of Secondary Shikshan Sahayak (Government) for the English subject in Gujarati medium in Government Secondary School at Jiva, Taluka : Dhangadhra, District: Surendranagar, whereas petitioner no. 2 has been given appointment letter by respondent no. 5 for the post of Secondary Shikshan Sahayak (Government) for the English subject in Gujarati Medium in Government Secondary School (RMSA) at Village: Bhadravadi, Taluka: Botad, District : Botad and petitioner no. 3 has been given appointment letter by respondent no. 5 for the post of Shikshan Sahayak (Government) for the subjects of Science and Technology/Mathematics in Gujarati medium in Government Secondary School, Mota Sakhpar, Taluka: Botad, District: Botad. The petitioners, pursuant to these letters, have deposited all their original testimonials including the mark sheets and certificates before respondent nos. 4 and 5 on the date of the appointment. It is further the case of the petitioners that after the petitioners having being appointed as Secondary Shikshan Sahayak as per the Resolution dated 22