ORAL JUDGMENT

[1] Considering the nature of issue raised and contentions raised being common in these matters, the same are taken up for joint hearing and disposal.

[2] These petitions essentially are in connection with the appointment of Vidhya Sahayak pursuant to a public advertisement dated 22.01.2017 particularly for recruitment of Vidhya Sahayak teachers for language subjects in Urdu medium schools.

[3] Apparently, the issue was first agitated in petition being Special Civil Application No.1918 of 2017 which came to be disposed by an order dated 02.02.2017 and the operative part of the order is placed at Annexure-B. At this stage, the petition was filed as the applications of those petitioners were not being accepted by online for 19 vacancies in the subject of “language” and accordingly, the directions were issued to accept the applications in physical form. It also appears that on 10.02.2017 on the website of the Department it was declared that the applications thus accepted by pursuant to the directions of this Court, on verification it was found that the applicants were lacking in prescribed qualification and could not be included in the merit list as they are not possessing bachelor degrees in the subject “language” (Gujarati, Hindi, English and Sanskrit) and therefore, Misc. Civil Application No.424 of 2017 was filed in Special Civil Application No.1918 of 2017 which came to be disposed of as withdrawn to file afresh petition and accordingly, the present petitions appeared to have been filed, wherein elaborate prayers are made challenging the decision of holding the petitioners to be ineligible for recruitment of Vidhya Sahayak in Urdu Medium for the subject “language” (Gujarati, Hindi, English and Sanstkrit). The petitioners also prayed for quashing and setting aside the Government Resolution dated 27.04.2011 which prescribes the qualification criteria for the post of Vidhya Sahayak to the extent that the same does not provide for qualification of B.A. with Urdu alongwith qualification of B.A. in English, Gujarati, Hindi and Sankstrit. The petitioners also have prayed in alternative to provide for including the subject of Urdu language alongwith other languages namely English, Gujarati, Hindi and Sankstri, where the educational qualification criteria was prescribed as B.A. in respective language and similarly, to prescribe qualification criteria of B.A. with Urdu for appointment as Vidhya Sahayak in Urdu Medium school.

[4] The petitioners have also prayed for quashing and setting aside the Government Resolution dated 28.04.2016 to the extent that it holds the candidates who have not studied Urdu medium at school level or college level as eligible candidates only on the basis of having appeared in board examination of standard 12th with one of Urdu as a subject and thereby declared that for appointment as Vidhya Sahayak in Urdu Medium school, a candidate must compulsorily have studied in Urdu Medium from standard 1st to standard 12th.

[5] Special Civil Application No.9743 of 2018 is also for the similar prayers, whereas Special Civil Application No.6577 of 2017 is filed with a prayer to quash and set aside the Resolution dated 28.04.2016 to the extent that it holds those candidates who have not studied in Urdu Medium School, but have studied Urdu as subject language in standard 12th also by appearing as an external subject as eligible for the appointment of Vidhya Sahayak in Urdu Medium school. The ancillary prayer is also made seeking direction to convert the seats which have remained vacant in the S.T. Category into an open category in order to accommodate candidate of SEBC Category.

[5.1] Despite all these prayers, the main focus of the arguments of non considering the petitioners’ candidature and the petitioners as eligible candidates as Vidhya Sahayak to teach the subjects of English, Hindi, Gujarati and Sanskrit as they are not having a degree certificate in the aforesaid subjects, but are having a degree certific