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2021 Supreme(Guj) 802

A.Y.KOGJE
Patel Manojkumar Babulal – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR. HARDIK J JANI
For the Respondent: MS. DIVYANGANA JHALA, MR AD OZA, adv.

JUDGMENT :

[1] These petitions under Article 226 of the Constitution of India are arising out of identical facts and the contentions and the issues are also common and hence, with consent of all the parties, both the petitions are taken up for joint hearing and disposal. The facts are recorded from Special Civil Application No.1123 of 2018.

[2] This petition is filed seeking direction to give appointment to the petitioner as Shikshan Sahayak/teacher in the Grant-in-Aid Higher Secondary School as per the District allotment list. It is the case of the petitioner that despite the petitioner being fully qualified and having cleared all the necessary selection procedure and was also selected, but thereafter considering the degree of the petitioner in the subject of “Industrial Chemistry” as against the qualification advertised being “Chemistry”, the petitioner was treated to be disqualified for appointment.

[3] Learned advocate for the petitioner submits that the recruitment is governed by the Teachers of Government Secondary and Higher Secondary Schools (Procedure for Selection) Rules, 201

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