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SCA/25772/2007 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 25772 of 2007
=========================================================
ALPESHKUMAR
RANJITSINH SOLANKI - Petitioner(s)
Versus
THE
STATE OF GUJARAT & 3 - Respondent(s)
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Appearance :
MR
BIPIN P JASANI for Petitioner(s) : 1,
MR
DEEPEN SONI AGP for Respondent(s) : 1,
NOTICE SERVED for
Respondent(s) : 2 - 3.
MR SACHIN D VASAVADA for Respondent(s) :
4,
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CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 24/06/2008
ORAL
ORDER
Mr.Jasani,
learned counsel for the petitioner, submits that duly constituted
Selection Committee in accordance with the provisions of Section 35
of the Gujarat Higher Secondary Education Act, 1972, selected the
petitioner on the basis of merit of the marks obtained by him in HSC
examination, including the subject drawing. Undisputedly, the
petitioner secured highest marks amongst the candidates appeared in
the interview. The proposal was sent to the District Education
Officer for approval which was rejected on the ground that marks
obtained by the petitioner for the subject of drawing in the HSC
ought not to have been included and calculated.
According
to Mr.Jasani, the above objection is contrary to rules and
regulations and inclusion of marks in drawing subject is as per
proper calculation of marks obtained by the candidates in selection.
There is acute necessity in the respondent No.4 school for drawing
teacher and advertisement was issued for recruitment of drawing
teacher. It is submitted that rules and regulations of the Board
also provide for consideration of drawing marks.
Learned
AGP has relied on the affidavit in reply and submitted that
calculation of marks of the petitioner by the Selection Committee for
seven subjects is not permissible and therefore, objection can be
sustained. However, learned AGP is unable to justify the rationale
behind not including marks of drawing subject.
Considering
the above facts and circumstances of the case, when no provision,
statute, rule or regulation is shown by learned AGP prohibiting
calculation of marks of drawing subject subsequently cleared by the
petitioner, Rule.
In
the meanwhile, impugned order dated 17.9.2007 at Annexure-F is stayed
till further orders and the respondent No.3 is directed to accord ad
hoc approval to the selection of
petitioner as Sikshan Sahayak in drawing, subject to the final
outcome of the petition.
Direct
Service is permitted.
(ANANT S. DAVE, J.)
*pvv
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