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LPA/2121/2010 1/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 2121 of 2010
In
SPECIAL
CIVIL APPLICATION No. 5735 of 2010
=========================================================
VERMA
AKHILESHKUMAR LAKHANDAR - Appellant
Versus
STATE
OF GUJARAT & 2 - Respondents
=========================================================
Appearance
:
MS
KRISHNA U MISHRA for
Appellant.
MS MOXA THAKKER, ASSTT.GOVERNMENT PLEADER for
Respondents : 1 & 2,
MR HS MUNSHAW for Respondent :
3,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.L.DAVE
and
HONOURABLE
MR.JUSTICE M.D.SHAH
Date
: 11/10/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE A.L.DAVE)
The
appellant is aggrieved by the order passed in Special Civil
Application No. 5735 of 2010, on 6.5.2010.
2. The
appellant was one of the applicants, who had applied for the post of
Vidhyasahayak in Kutch District pursuant to the advertisement
published for 707 posts of Vidhya Sahayak on 22.12.2009 in Sandesh
Daily.
3. The
appellant was not selected on the ground that he had acquired his
academic qualification in Hindi medium. The appellant, therefore,
approached this Court with the above-referred to petition, which came
to be dismissed by the impugned judgment. Hence, this appeal.
4. Learned
advocate for the appellant submitted that the appellant had acquired
more marks even in the list prepared by the respondent-Panchayat. He
is denied the employment only on the ground that he had acquired his
academic qualification in Hindi medium. The appellant is born and
brought up in Gujarat, knows Gujarati well, even in the examination,
he had secured good marks in Gujarati language and, therefore, he is
wrongly denied the employment. The second fold of arguments was that
the advertisement did not speak of acquiring qualification in
Gujarati medium only and, therefore also, the rejection was wrong.
The learned Single Judge has not borne in mind all these aspects and,
therefore, the appeal may be allowed.
5. Learned
advocate Mr.Munshaw for respondent No.3- Panchayat submitted that
there is no Hindi medium school in Kutch district. The advertisement
was published for Gujarati medium Vidhyasahayaks and, therefore, the
appellant did not qualify for the post in question. That apart, if
the appellant had studied in Hindi medium, his proficiency in
teaching in Gujarati medium would certainly not be at par with the
similarly situated candidates who had acquired the qualification in
Gujarati medium and, therefore, the appeal may not be entertained.
6. Considering
the rival submissions, we find from the advertisement itself that it
was for Gujarati medium Vidhyasahayaks. It is true that the
advertisement did not speak of candidate having acquired the
qualification in Gujarati medium, but, a legitimate inference would
be that for teaching Gujarati medium students, the Vidhyasahayak must
have acquired knowledge in Gujarati medium, which would equip him
with proficiency in teaching in Gujarati medium. Proficiency in
teaching in Gujarati medium is the basic parameter and if the
authority insists for a person who has acquired the qualification in
Gujarat medium, the authority would be justified. The contentions
raised by the appellant, therefore, are not relevant for the appeal
to be allowed. The appeal must, therefore, fail and stands dismissed.
[A.L.Dave,J.]
[M.D.Shah,J.]
(patel)
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