Gujarat High Court
Jyoshanaben Javsinh Mori vs State Of Gujarat on 9 February, 2022
Bench: A.Y. Kogje
C/SCA/5434/2017 JUDGMENT DATED: 09/02/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 5434 of 2017
With
R/SPECIAL CIVIL APPLICATION NO. 5569 of 2017
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE A.Y. KOGJE
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1 Whether Reporters of Local Papers may be allowed No
to see the judgment ?
2 To be referred to the Reporter or not ? No
3 Whether their Lordships wish to see the fair copy No
of the judgment ?
4 Whether this case involves a substantial question No
of law as to the interpretation of the Constitution
of India or any order made thereunder ?
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JYOSHANABEN JAVSINH MORI
Versus
STATE OF GUJARAT & 1 other(s)
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Appearance in SCA NO.5434 OF 2017
MR KB PUJARA(680) for the Petitioner(s) No. 1
MR. AYAAN PATEL, AGP, for the Respondent(s) No. 1
RULE SERVED for the Respondent(s) No. 2
Appearance in SCA NO.5569 OF 2017
MR CHIRAG B. PATEL, for the Petitioners
MR. AYAAN PATEL, AGP, for the Respondent(s) No. 1
RULE SERVED for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
Date : 09/02/2022
ORAL JUDGMENT
[1] These two petitions are filed under Article 226 of the
Constitution of India arising out of the similar facts and therefore, at
the request of the learned advocates for both the sides, both the
petitions are taken up for joint hearing and disposal.
C/SCA/5434/2017 JUDGMENT DATED: 09/02/2022
[2] Special Civil Application No.5434 of 2017 is filed by an
individual, who is seeking an appointment as a Vidhya
Sahayak/primary teacher, whereas, Special Civil Application
No.5569 of 2017 is filed by an institution. Both the petitions are
concerning to the affiliation to one SNDT University and the students
having passed from the institution affiliated to the SNDT University.
The disputed issue cropped up as at a point of time in 2012, the
State passed a resolution, whereby the educational qualification by
the institutes affiliated to the SNDT University was not treated to be
an educational qualification which was prescribed in the
advertisement for appointments. This position was later on changed
in the larger interest of the students and for the interregnum period
while the institutions sought migration from affiliation to the SNDT
University to any university within the State of Gujarat, the
educational qualification was from the institution affiliated to SNDT
University by the students was protected to be treated as a
recognized educational qualification sufficient to satisfy the
requirement of the advertisement.
[3] The petitioner in Special Civil Application No.5434 of 2017 has
now been given appointment under order dated 24.03.2017 in SCA
5569/2017 and is already posted. It appears that such appointment
was issued in view of the interim order passed in the cognate matter
being Special Civil Application No.5569 of 2017, wherein by order
dated 17.03.2017, an interim relief in terms of para-9(B) came to be
granted. This petition was filed by the institution which had
affiliation with the SNDT University and the petition was preferred in
the interest of the students as their educational qualification with
such petitioner institution may be protected. It is submitted that the
petitioner institution of Special Civil Application No.5569 of 2017 has
already made an application for being affiliated with the university
C/SCA/5434/2017 JUDGMENT DATED: 09/02/2022
within the State of Gujarat and have already been given such
affiliation. The similar issued came up for consideration with the
identical facts and this Court in its oral judgment dated 30.01.2020
in Special Civil Application No.16736 of 2017 has allowed the
petition and by relying upon the Government Resolution dated
26.11.2019 has treated the candidate who has educational
qualification from an institution affiliated with SNDT University as a
qualification sufficient to meet with the requirement of the
respective advertisements. The Court has in the aforesaid judgment
taken into consideration the very same resolution which was placed
during the pendency of such petition and allowed the petition. This
oral judgment dated 30.01.2020 was a subject matter of challenge
in Letters Patent Appeal No.915 of 2020 by the State Government,
which also came to be dismissed by an order dated 02.12.2020.
While dismissing the Appeal of the State Government, in paragraph
No.3, the Division Bench has expressed as under:-
"3. The State Government had come out with the policy
that such colleges which are affiliated to the University
outside the State of Gujarat may within a particular period
get themselves affiliated to the University in the State of
Gujarat, however, till such time their affiliation to the
university outside the State of Gujarat would be valid. This is
exactly the intent of Resolution/Circular dated 26 th November,
2019.
[4] With the aforesaid, the Division Bench has stated that the
exact intention of the Resolution dated 26.11.2019 was to protect
the interest of the students who had educational qualification from
an institute which at the relevant time was affiliated to the SNDT
University and that after resolution of 2012, had sought migration of
affiliation from the SNDT University to any other university of the
Gujarat State. It has come on record that in case of the petitioner,
where the institution is also before this Court, the affiliation process
C/SCA/5434/2017 JUDGMENT DATED: 09/02/2022
from SNDT University to the Government State University is
complete.
[5] Learned Assistant Government Pleader has submitted that
though the Division Bench has upheld the order of learned Single
Judge in Special Civil Application No.16736 of 2017, he has
instructions to state that the State is contemplating to prefer SLP
before the Apex Court. It may be so, but when there is a judicial
pronouncement on the identical facts which is confirmed by the
Division Bench of this Court, the Court does not see any reason to
preclude the petitioner from benefit of this judgment.
[6] In view of the aforesaid, this Court is inclined to hold that the
petitioner satisfies the requirement of an educational qualification of
B.A.(Social Science), obtained from the SNDT University as sufficient
and matching qualification as required under the advertisement
dated 22.01.2017 for the post of Vidhya Sahayak/primary teacher
for upper primary school, standard 6 to 8 and the appointment
letter issued dated 24.03.2017 to be a legal appointment after
having followed the due process as prescribed under the law.
[7] In view of the aforesaid, the petitions stands allowed. Rule is
made absolute to the aforesaid extent.
(A.Y. KOGJE, J)
SIDDHARTH
