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SCA/13656/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 13656 of 2009
=========================================================
DENIS
SAMUEL CHRISTIAN - Petitioner(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance :
MR
AS SUPEHIA for Petitioner(s) : 1,
MR SAMIR B GOHIL for Petitioner(s) : 1,
MR
NIKUNT RAWAL AGP for Respondent(s) : 1,
MR RA MISHRA for
Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date : 05/04/2010
ORAL
ORDER
1. By
way of this petition, the petitioner has prayed for the following
reliefs :-
[A]
Quashing and setting aside the letters dated 02.01.2009 and the
letter dated 12.08.2006 and directing the respondents to reconsider
the case of the petitioner ignoring educational qualification of std.
10th passed and to appoint him on any suitable post on
compassionate grounds;
[B]
During the pendency of and final disposal of this petition, the
Respondents may be directed to reconsider the case of the petitioner
for compassionate appointment;
[C]…….
2. The
short facts of the case are that mother of the petitioner was serving
as a Peon with respondent no. 2 and died in harness on 23.03.2005.
Pursuant thereto, the petitioner made an
application dated 07.05.2005 before the respondent-authority
requesting to grant her appointment on compassionate grounds.
However, respondent no. 1 vide letter dated 12.08.2006 informed the
petitioner that his application to grant appointment on compassionate
grounds is rejected on the ground of not fulfilling the requisite
educational qualifications. Thereafter, the petitioner made several
requests to the respondent-authorities to consider her application
for appointment on compassionate grounds. However, the same was
rejected on the ground of not having requisite educational
qualifications. Hence, this petition.
3. Heard
learned counsel for the respective parties and perused the documents
on record. It appears from the record that on the date on which the
petitioner has preferred an application for appointment on
compassionate grounds, the petitioner was not fulfilling the
requisite educational qualifications, which was required as per the
prevailing policy. Looking to the facts of the case, I am of the view
that the respondent-authority was completely justified in rejecting
the application of the petitioner.
4. Consequently,
the petition stands dismissed. Notice is discharged. No order as to
costs.
[K.S.
JHAVERI, J.]
/phalguni/
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