ORDER :

1. Heard learned Advocate Shri H.S. Munshaw for learned Advocate Shri R.H. Munshaw on behalf of the petitioner and learned Assistant Government Pleader Shri Utkarsh Sharma on behalf of the respondent State.

2. Issue Rule returnable forthwith. Learned AGP waives service of rule on behalf of the respondent no.1- State. With the consent of the parties, the petition is taken up for final hearing.

3. Short facts leading to filing of this Court are as under:

3.1 The petitioner who is working as an Assistant Teacher in the Upper Primary School at Shri Dhebar Kankarwaswadi Primary School, Village: Dhebar, Taluka: Bhanvad, District: Dev Bhoomi Dwarka and who possess the qualification of M.A. ( Economics) and B.Ed Degrees and had also cleared the Teachers Aptitude Test (TAT), had applied for the post of Assistant Teacher in Higher Secondary and Secondary Sections of Non- Government Granted Schools in both English and Gujarati Medium published by the respondent no.2 vide an advertisement dated 14.01.2021. The advertisement stipulated that candidates desiring to apply for the post of Assistant Teacher in Higher Secondary Section had to fill up online application which would be opened from 15.01.2021 to 24.01.2021. It would be pertinent to mention here that the instructions attached with the advertisement inter alia stipulated that if a mistake is committed in filling up the online application form then the same would not be considered. It would also pertinent to mention here that time was also given to the candidates to edit their applications till the last date of filling up the form i.e 24.01.2021. It appears that the petitioner while submitting the online form had selected the option of ‘No’ instead of option ‘Yes’ for the question as to whether the candidate is working in any teaching position in any Government School . On the other hand since the documents required to be attached for a candidate who was holding a Teaching position in a Government School included obtaining NOC ( No Objection Certificate) from the District Primary Education Officer, the petitioner had applied for the same and vide his certificate dated 22.01.2021, District Primary Education Officer (DPEO), Devbhoomi Dwarka District Panchayat inter alia certified the fact that the petitioner was in fact working in the school referred to herienabove. 3.2 Relevant here would be the fact that the petitioner had requested and had obtained the certificate prior to the date of filling up of the online application form. It appears that the candidature of the petitioner had been considered and the petitioner was placed at Sr. No. 48 and a list of document verification prepared by the respondent, the list being prepared in order of merit as could be made out in the last column of the list where the candidates have been placed in descending order as per the merit positions they had been placed. A total of 1132 candidates were called for document verification and whereas at that stage the petitioner had submitted an undertaking in form of an affidavit as required by the respondent dated 05.03.2021 where also the petitioner had mentioned that she was working in the above named school since 27.03.2017. That the petitioner had attended the documents verification process and whereas the respondent no.2 published the provisional merit list -1 on 19.03.2021 in which the name of the petitioner did not figure. As a matter of fact another list had been published by the respondent no.2 on the same day i.e. 19.03.2021 being list of disqualified candidates and whereas name of the petitioner was found at Sr. No. 5 of the list. It was mentioned in the said list that since the petitioner did not mention in her online application that she was working as a Teacher in Government School whereas the petitioner had mentioned the same in her affidavit therefore her application has been rejected and it has been recommended for taking punitive action against the petitioner. The petitioner had immedia