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A. S. SUPEHIA, MAUNA M. BHATT
State Of Gujarat – Appellant
Versus
Vaidya Amitkumar Ashwinkumar – Respondent
JUDGMENT :
(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)
1. ADMIT. Learned advocate Mr. Hardik Jani waives service of notice of admission on behalf of the respondent No. 1 and learned advocate Mr. Meet Shah waives service of notice of admission on behalf of respondent No.2. With consent of the respective parties, the present matters are taken up for final hearing today.
2. The present appeals emanate from the common judgment and order dated 26.08.2021 passed by the learned Single Judge in the captioned writ petitions, wherein and whereby the learned Single Judge has allowed the petitions filed by the respondent – candidates seeking appointment to the post of Shikshan Sahayak/Teacher in the Grant-in-aid Higher Secondary Schools.
3. The facts in brief as recorded by the learned Single Judge are that, pursuant to the recruitment undertaken by the State for the appointment to the post of Teacher in the Grant-in-aid Higher Secondary Schools, the original petitioners after clearing the selection process, were not appointed for the reason that their degrees in Graduate and Post Graduate do not fulfill the criteria of notification dated 11.02.2011, wherein the Teachers and Head Masters of Regist
The court established that specialized degrees can qualify for marks in teacher recruitment, emphasizing the need for a contextual interpretation of educational qualifications.
Point of law: The word “equivalent” must be given a reasonable meaning. By using the expression “equivalent” one means that there are some degrees of flexibility of adjustment which do not lower the ....
Once the learned Single Judge having seen the records had come to the conclusion that the industry was not functioning after January, 1995, there is no justification in entering a different finding w....
Appointment – In field of education, Court of Law cannot act as an expert normally – Whether or not a student/candidate is possessing requisite qualification should better be left to educational inst....
Point of law: Merely, because another view or a better view is possible, there should be no interference with or disturbance of the order passed by the Single Judge, unless both sides agree for a fai....
In the absence of power being of the administrative power of the State to have binding effect as Law. It is true that merely because some officers issue some instructions, by itself cannot be said to....
The employer has the right to prescribe qualifications suitable for the post, and the court cannot go into the issue of correctness of qualifications prescribed.
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