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LPA/2290/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 2290 of 2009
In
SPECIAL
CIVIL APPLICATION No. 1319 of 2009
With
CIVIL
APPLICATION No. 12416 of 2009
In
LETTERS
PATENT APPEAL No. 2290 of 2009
=========================================
JITENDRABHAI
NATAVARBHAI DESAI
Versus
STATE
OF GUJARAT AND OTHERS
=========================================Appearance
:
MR VIJAY H
NANGESH for
the Appellant
MR PRANAV DAVE, ASSTT GOVERNMENT PLEADER for
Respondent(s) : 1,
None for Respondent(s) : 2 -
4.
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE BHAGWATI PRASAD
and
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
Date
: 21/01/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE BHAGWATI PRASAD)
Heard
the learned counsel for the appellant.
Though
the Selection Committee enlisted the appellant, the District
Education Officer while approving the appointment, came to the
conclusion that the appellant does not possess the requisite
experience.
The
learned counsel for the appellant has produced before us the
advertisement which requires experience of last years. The experience
certificate of the appellant is purportedly for three years upto
2003 only and not thereafter (it may not be three years in full) and
therefore, the appointment was not offered to the appellant. In
this background, the learned Single Judge has not favoured the
appellant with any favourable order because the appellant was not
qualified.
According
to the qualifications laid down in the advertisement, the
requirement was that the appellant should have experience in the
last years, whereas the experience certificate of the appellant was
only upto 2003. He has not produced any certificate for last years.
It may be noticed that the selection was for 2006. In that view of
the matter, the learned Single Judge has not favoured the appellant
with any order and in our considered opinion, rightly so.
In
view of the above, the appeal has no force and the same is dismissed.
In
view of the dismissal of the main appeal, no orders are passed on the
Civil Application and the same is disposed of.
(BHAGWATI
PRASAD, J.)
(BANKIM
N.MEHTA, J.)
omkar
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