IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/LETTERS PATENT APPEAL NO. 901 of 2022 In R/SPECIAL CIVIL APPLICATION NO. 6036 of 2021 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2022 In R/LETTERS PATENT APPEAL NO. 901 of 2022 ==========================================================

STATE OF GUJARAT Versus MAMTA MANSUKHBHAI CHOTHANI ==========================================================

Appearance:

MR MANAN MEHTA, AGP for the Appellant(s) No. 1,2,3 MR HS MUNSHAW(495) for the Respondent(s) No. 1 MR RUSHABH H MUNSHAW(8958) for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA and HONOURABLE MR. JUSTICE NIRAL R. MEHTA Date : 01/02/2023

ORAL ORDER

(PER : HONOURABLE MR. JUSTICE NIRAL R. MEHTA)

[1] This Letters Patent Appeal, under Clause 15 of the Letters Patent, at the instance of the appellants herein - original respondents is directed against the order dated 29th November 2021 passed in R/Special Civil Application No.6036 of 2021, by which the learned Single Judge allowed the writ petition of the original petitioner by holding, inter alia, action of the appellants herein in not issuing formal appointment order as illegal and consequently, directed them to appoint the original petitioner as Assistant Teacher in the subject of Economics in Gujarati medium with all other ancillary and consequential directions.

[2] The short facts arising from the record can be stated as under:

[2.1]The respondent herein – original petitioner, who is working as Assistant Teacher in the upper primary school at Shri Dhebar Kankarwaswadi Primary School, village : Dhebar, Taluka : Bhanvad, District : Dev Bhoomi Dwarka and who is possessed qualification of M.A. (Economics) and B.Ed. degree with additional qualification of 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 pursuant to the advertisement dated 14th January 2021. The said application was to be filled up online between 15th January 2021 to 24th January 2021.

[2.2]In the said advertisement, it was stipulated that mistake, if any, is committed in filling up the online application form, in the event, the application would not be considered. Thus, time was also given to candidates to edit their applications till the last date of filling up the application form i.e. 24th January 2021.

[2.3]The respondent herein – original petitioner, while submitting online application form, had selected the option of “No” instead of option “Yes” against the question as to whether the candidate is working in any teaching position in any government school.

[2.4]On the other hand, since it was required by the candidate to attach 'No Objection Certificate' from the District Primary Education Officer in case the candidate is working in teaching position in government school, therefore, the respondent herein – original petitioner applied for the same and vide certificate dated 22nd January 2021, the District Primary Education Officer, Devbhoomi Dwarka District Panchayat issued certificate to that extent.

[2.5]Indisputably, the original petitioner had requested and obtained certificate prior to the date of filling up the online application form. The candidature of the original petitioner came to be considered and placed at Serial No.48 and the list of documents verification was prepared by the appellants herein. Total 1132 candidates were called for documents verification and whereas at that stage, the original petitioner has submitted an undertaking in the form of an affidavit dated 5th March 2021 where also the original petitioner had submitted that she was working in the above named school since 27th March 2017.

[2.6]The respondent herein – original petitioner attended the documents verification process, however, in provisional merit list dated

19th March 2021, name of the original petitioner did not figure, but, another