JUDGMENT :

B.N. KARIA, J.

1. This Letters Patent Appeal is directed against the Judgment and Order dated 30.01.2013 passed in Special Civil Application No. 15742 of 2012-Rami Gaurangkumar Yagneshkumar v. State of Gujarat by the learned Single Judge.

2. The factual matrix involved in the present Appeal can briefly be stated as under:

2.1 On 24.12.2009, an advertisement for the post of Adhyapak Sahayak was published in the daily newspaper Sandesh, Patan and in Divya Bhaskar newspaper in other Districts as well as by North Gujarat Education Society, Mumbai in pursuance of NOC granted by Higher Education Commissioner. That, North Gujarat Education Society was running two Colleges, Grant-in-Aid, namely (1) Sheth M. N. Science College, Patan and (2) Smt. T.S. R. Commerce College, Patan for the purpose of P.T.I. Adhyapak Sahayak in both the Colleges, the advertisement was published mentioning that the candidate must clear NET/SLAT or Ph.D. within 5 years from the date of selection. That, the original Petitioner had applied for the post of P.T.I. Adhyapak Sahayak in pursuance of the said advertisement, as he was possessing qualification of Master of Physical Education and he had already applie