IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 13398 of 2013 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE MAULIK J. SHELAT =============================================

Approved for Reporting Yes No √

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SOLANKI DIGVIJAYSINH BHARATSINH Versus STATE OF GUJARAT & ORS.

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Appearance:

MR KB PUJARA(680) for the Petitioner(s) No. 1 MS FORUM SUKHADWALA, AGP for the Respondent(s) No. 1 RULE SERVED for the Respondent(s) No. 1,2,3 =============================================

CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT Date : 05/03/2026

JUDGMENT

1. Heard Mr.K.B.Pujara, learned advocate for the petitioner and Ms.Forum Sukhadwala, learned AGP for the respondent –

State.

2. The present petition is filed under Article 226 of the Constitution of India, seeking the following reliefs :

“(a) to admit this petition and to issue Notice for final disposal on returnable date;

(b) to quash and set aside the illegal action of the respondents in denying appointment to the petitioner even after his selection for the post of Shikshan Sahayak in Government Higher Secondary Schools as per Annexure-C pursuant to the Advertisement dated 6-4-2013 as per Annexure-A;

(c) to direct the respondents to forthwith give appointment to the petitioner as Shikshan Sahayak in Government Higher Secondary Schools pursuant to the Advertisement dated 6-4-2013 as per Annexure-A on the basis of his placement in the selection list at Annexure-C, with all the consequential benefits as if he was given appointment on

1-7-2013 along with other candidates;

(d) PENDING THE HEARING AND FINAL DIPOSAL OF THIS PETITION, BE PLEASED to forthwith give appointment to the petitioner as Shikshan Sahayak in Government Higher Secondary Schools pursuant to the Advertisement dated 6- 4-2013 as per Annexure-A on the basis of his placement in the selection list at Annexure-C, subject to further orders that may be passed in this petition;

(e) PENDING THE HEARING AND FINAL DISPOSAL OF THIS PETITION, BE PLEASED to direct the respondents to keep one post of Shikshan Sahayak vacant for the petitioner in Government Higher Secondary Schools pursuant to the Advertisement dated 6-4-2013 as per Annexure-A in the subject of Physical Education;”

SHORT FACTS

3. It is not in dispute between the parties that as per the advertisement dated 06/04/2013, the respondents invited applications to fill 498 vacancies for appointment of Shikshan Sahayak in Government Higher Secondary Schools, out of which 12 vacancies are earmarked for the subject of Physical Education, out of which 11 vacancies are for the open category and one vacancy is reserved for the S.E.B.C.

category.

3.1 The petitioner applied as a general category candidate for appointment to the post of Shikshan Sahayak (Physical Education). Upon completion of the process, the petitioner was found to be meritorious and stood at Sr. No.2 in the select list and received a letter dated 26/06/2013 from the respondents to report on 01/07/2013 for verification of his original educational qualification certificates.

3.2 Thereafter, the petitioner received a phone call from the office of Respondent No. 3 - District Education Officer, Rajkot, stating that his candidature is not considered as, upon further verification, higher marks were given to him while preparing the select list. Therefore, the petitioner has approached Respondent No.2 - Commissioner of Schools on 02/07/2013 by way of a detailed representation. As there is no positive response received, the petitioner has approached this Court by way of the present petition.

SUBMISSIONS OF THE PETITIONER :

4. Mr.K.B.Pujara, learned advocate for the petitioner, would submit that once the letter was issued by Respondent No.2 on 26/06/2013 confirming the selection of the petitioner, then there is a legitimate expectation on the part of the petitioner to be appointed as Shikshan Sahayak- Physical Education Teacher. It is submitt