Deepa Ramswaroop Saraswat vs Commissioner Of Schools

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Guj) 1110

N. V. ANJARIA, PRANAV TRIVEDI
Deepa Ramswaroop Saraswat – Appellant
Versus
Commissioner Of Schools – Respondent

Advocates:
Advocate Appeared:
For the Appellant : MS MAMTA R VYAS
For the Respondent: MS SHRUTI DHRUVE

JUDGMENT :

PRANAV TRIVEDI, J.

Letters Patent Appeal No. 708 of 2022 was heard on 05.02.2024, whereas Letters Patent Appeal No. 711 of 2022 was heard on 06.02.2024. However, both these Letters Patent Appeals have common issue of law, therefore they are taken up together for deciding the issue.

2. Both these Letters Patent Appeals under clause 15 of the Letters Patent is directed against the judgment and order dated 12.04.2022 of learned Single Judge whereby the Special Civil Applications came to be dismissed rejecting the prayer made in the petitions.

2.1 The appellants - original petitioners prayed before learned Single Judge to declare that the action on the part of the respondents in not offering appointment to the petitioners in the Government Secondary School at Bhavnagar as Secondary Teacher was illegal.

2.2 It was next prayed to declare that the action on the part of the respondents was to appoint meritorious candidates than the petitioners on the post in question, which was unjustified.

2.3 The third limb of the prayer was to direct the respondents to appoint the petitioners as Teacher from 01.07.2017 and to pay her all the consequential service benefits.

3. Insofar as Letters Pate