JUDGMENT :

1. In the present petition, the petitioner seeks a direction upon the respondent authorities to hold that the posts of Director Project Engineers, Assistant Engineers and Consultants do not exist as per the Gujarat Council of Primary Education Service Rules and Regulations, 1996 and that the appointments of the private respondents to the concerned posts are non est.

In the alternative, the petitioner also seeks quashing and setting aside appointments of the private respondents to the posts of District Project Engineers, Assistant Engineers and Consultants. A further prayer is also sought to direct the respondent authorities to immediately take action against the office-bearers of the respondent-Council for undertaking an illegal recruitment process appointing the private respondents.

2. The foregoing prayers are premised by the petitioner on the following facts:

2.1 The Central and State Government had introduced “Sarva Shiksha Abhiyan” (hereafter referred to as “SSA”) in 1995 with a laudable object for the upliftment of elementary education across India. The Gujarat Council of Elementary Education (GCEE), formerly known as the Gujarat Council of Primary Education (GCPE) was registered on 08.11.1995 under the provisions of the Societies Registration Act, 1860 and the Bombay Public Trusts Act, 1950. The Gujarat Council of Elementary Education was established as a State level society for implementing District Primary Education Programmes. Under Sarva Shiksha Abhiyan (SSA), all 33 Districts and 04 Municipal Corporations in the Gujarat State are being covered.

2.2. The Rules and Regulations were framed in the year 1996 by the Council, which were named as the Gujarat Council of Primary Education Service Rules and Regulations, 1996 (hereafter referred to as “the 1996 Rules” or “the Rules”). The posts were created at State Level, District Level and Taluka Level.

2.3 It is stated that the lower level Engineers working under the Council were appointed after following the due procedure. The Engineers, who worked at lower level are called Technical Resource Persons or TRPs. In the case of TRPs, the advertisements were made, oral/ written examinations were conducted and thereafter, the appointments were made. The appointments are made on contractual basis. It is alleged that the Technical Resource Persons (TRPs) work at the lowest level i.e. Taluka Level are appointed by following the procedure, whereby the advertisements were issued and after conducting oral and written examinations, whereas at the middle and higher post of District Project Engineers and Assistant Engineers, no advertisements were made and they are appointed at the instance of few persons and upon the recommendations of influencing persons.

2.4 It is the case of the petitioner that the order was passed on 15.03.2012 by the General Administration Department (GAD) of the State of Gujarat. It was held in the said order that for appointment of any employee after retirement on contractual basis for any post, including consultant, advisor, etc., the prior permission of General Administration Department, Financial Department, Chief Secretary, concerned Minister and then of the Hon’ble Chief Minister would be required. The petitioner preferred an application under the Right to Information Act on 20.08.2016. The petitioner sought various information from the Public Information Officer, State Project Director of the Gujarat Council of Elementary Education.

2.5 The case of the petitioner is premised on the reply given by the Public Information Officer, Sarva Shiksha Abhiyan, Gandhinagar on 30.11.2016 to the application given by the petitioner on 20.08.2016, wherein it was stated that no advertisement was given for making appointments of District Project Engineers.

2.6 Leaned Advocate Mr.Saurabh Mehta appearing on behalf of the petitioner has submitted that the appointments and promotions have been made either upon the recommendations or to facilitate various oblique motives. It i