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
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 14780 of 2017
==================================================
PADSUMBIYA HEMANT BATUKBHAI
Versus
STATE OF GUJARAT & ORS.
==================================================
Appearance:
MR KB PUJARA(680) for the Petitioner(s) No. 1
MS. KRISHNA DESAI, AGP for the Respondent(s) No. 1,2,3
==================================================
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
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
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.
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
