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2022 Supreme(Guj) 34

BIREN VAISHNAV
Parulben Natwarlal Patel – Appellant
Versus
State of Gujarat – Respondent


Advocate Appeared:
For the Appellant :Bansi M. Karia and Rajvi N. Patel, Advocates
For the Respondent: Kurven Desai, Assistant Government Pleader/PP

JUDGMENT :

BIREN VAISHNAV, J.

1. Heard Ms. Rajvi Patel, learned advocate for the petitioners and Mr. Kurven Desai, learned Assistant Government Pleader for the respondent-State.

2. In both these petitions, since the issue involved is common, they are being dealt with by this common order. Facts of Special Civil Application No. 4096 of 2020 are discussed.

3. The petitioners' aspire for being selected to the post of Live-Stock Inspector, Class-III. An advertisement was issued for the posts in question on 26.07.2017. A condition in the advertisement stipulated that in order to be eligible to apply, the candidate should have a certificate of having passed standard 10th with English as one of the subject. The candidature of the petitioners was overlooked on the ground of she not having a certificate of passing 10th standard with English as one of the subject.

3.1 The case of the petitioners is that at the time when the documents were verified in October 2018, the petitioner had passed her Standard 10th examination.

3.2. Ms. Patel, learned counsel for the petitioner, would rely upon a certificate of the Gujarat Secondary & Higher Secondary Education Board, Gandhinagar, of March 2018 to suggest

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