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SCA/14957/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 14957 of 2010
=========================================================
RATHOD
DIPAKSINH DHIRAJSINH - ASSISTANT TEACHER - Petitioner(s)
Versus
STATE
OF GUJARAT & 3 - Respondent(s)
=========================================================
Appearance
:
MR
KB PUJARA for
Petitioner(s) : 1,
MR ANAND L SHARMA, ASSTT. GOVERNMENT PLEADER
for Respondent(s) : 1,
None for Respondent(s) : 2 -
4.
=========================================================
CORAM
:
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 25/11/2010
ORAL
ORDER
The
learned advocate for the petitioner has moved a Draft Amendment
today. The same is permitted and directed to be carried out
forthwith.
Heard
Mr.K.B.Pujara, learned advocate for the petitioner. It is submitted
by him that the petitioner was appointed as Assistant Teacher in
respondent No.4 – Ashram Shala on 01.03.2000 and his salary has
been paid till date. However, after a period of ten years, respondent
No.1 has declined to grant approval to the appointment of the
petitioner on the ground that the age of the petitioner is beyond the
upper age limit. The learned advocate for the petitioner submits that
Schedule-F of the Bombay Primary Education Rules, 1949, provides for
a lower age limit of 18 years but no upper age limit is provided.
Moreover, this rule has been brought to the notice of respondent No.1
by the Director of Primary Education by letter dated 14.09.2005,
annexed as Annexure-S to the petition and pursuant thereto, the
Commissioner, Tribal Development, has applied this rule in favour of
five persons by order dated 13.05.2008, annexed as Annexure-T to the
petition. The petitioner is, therefore, being discriminated against
and the respondent No.1 is applying another standard in the case of
the petitioner than that applied in the case of the persons named in
Annexure-T.
Notice
returnable on 08.12.2010.
The learned Assistant Government Pleader may take instructions
regarding the case of the petitioner qua Annexures-S and T dated
14.09.2005 and 13.05.2008 respectively.
In
addition to the normal mode of service, Direct Service is also
permitted.
(Smt.Abhilasha
Kumari, J.)
(sunil)
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