Gujarat High Court
Padsumbiya Hemant Batukbhai vs State Of Gujarat on 6 August, 2025
NEUTRAL CITATION
C/SCA/14780/2017 ORDER DATED: 06/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 14780 of 2017
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PADSUMBIYA HEMANT BATUKBHAI
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR KB PUJARA(680) for the Petitioner(s) No. 1
MS. KRISHNA DESAI, AGP for the Respondent(s) No. 1,2,3
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CORAM:HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA
Date : 06/08/2025
ORAL ORDER
[1] The petitioner applied for being appointed as a Shikshan Sahayaks / Teachers for Government Higher Secondary Schools in the subject of Chemistry. The petitioner, in support of his application, submitted documents to indicate that he had a degree in Chemistry and also a postgraduate degree in B.Sc. with Chemistry and M.Sc. with Industrial Chemistry. [2] The petitioner's name was included in the select list and he was asked to report for duty, but it appears that the petitioner's claim for appointment was rejected on the ground that the District Education Officer had raised objections that the petitioner had an M.Sc. in Industrial Chemistry and the same Page 1 of 4 Uploaded by DHARMENDRA KUMAR(HC01071) on Fri Aug 08 2025 Downloaded on : Sat Aug 09 00:23:25 IST 2025 NEUTRAL CITATION C/SCA/14780/2017 ORDER DATED: 06/08/2025 undefined could not be considered as satisfying the qualification prescribed under the notification.
[3] The petitioner is, therefore, before this Court seeking for a direction that he be given an order of appointment forthwith and also be given all the consequential benefits as if he had been appointed on 15.06.2017.
[4] The question as to whether the candidate, who was an applicant for the post of a Teacher in Chemistry on the premise that he had an M.Sc. in Industrial Chemistry was considered by a Co-ordinate Bench of this Court in Special Civil Application No.1123 of 2018 and the Co-ordinate Bench of this Court has come to the conclusion that the candidates who possessed an M.Sc. in Industrial Chemistry are deemed to possess the education qualifications prescribed for the post of a Teacher in Chemistry in the Secondary Higher School and this Court therefore held that the petitioners were qualified and upheld the appointments made. A direction was also issued to give appointment orders and also posting orders. This Court also Page 2 of 4 Uploaded by DHARMENDRA KUMAR(HC01071) on Fri Aug 08 2025 Downloaded on : Sat Aug 09 00:23:25 IST 2025 NEUTRAL CITATION C/SCA/14780/2017 ORDER DATED: 06/08/2025 undefined held that the appointment of the petitioners would be considered from the date of their appointment pursuant to the judgment rendered on 26.08.2021.
[5] It is not in dispute that being aggrieved by this order, the State of Gujarat had preferred Letters Patent Appeal No.183 of 2022 and the said appeal was dismissed by the Division Bench of this Court vide an order dated 22.08.2024. Thus, the question as to whether a candidate who possessed an M.Sc. in Industrial Chemistry is qualified to be appointed as a Teacher in a Higher Secondary School in the subject of Chemistry has been decided and it has been held that the candidate who possessed a Master's degree in Industrial Chemistry is qualified to be appointed. Since a Co-ordinate Bench of this Court has directed the respondents to issue appointment orders and also a posting order, it will be appropriate in this case also to issue a similar direction to the State to issue an order of appointment to the petitioner pursuant to his selection. The State shall also issue a posting order to the petitioner.
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NEUTRAL CITATION C/SCA/14780/2017 ORDER DATED: 06/08/2025 undefined [6] For the purpose of seniority, the case of the petitioner would be considered from the date on which similar appointment orders were issued under the advertisement to the other candidates appointed pursuant to which the petitioner had also applied for the post. It is made clear that no financial benefits, such as arrears of salary, shall be paid to the petitioner. The respondents are directed to ensure that the order of appointment are issued within two months from the date of receipt of copy of this order. The petition stands disposed of. Directed service is permitted.
(NSSG, J.) DHARMENDRA KUMAR Page 4 of 4 Uploaded by DHARMENDRA KUMAR(HC01071) on Fri Aug 08 2025 Downloaded on : Sat Aug 09 00:23:25 IST 2025