[Cites 3, Cited by 0]

Gujarat High Court

Solanki Ashishkumar Jayantilal vs State Of Gujarat on 3 December, 2025

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                           C/SCA/12979/2020                                      JUDGMENT DATED: 03/12/2025

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                     R/SPECIAL CIVIL APPLICATION NO. 12979 of 2020

                                                          With
                                       CIVIL APPLICATION (DIRECTION) NO. 1 of 2024
                                    In R/SPECIAL CIVIL APPLICATION NO. 12979 of 2020
                                                          With
                                       CIVIL APPLICATION (DIRECTION) NO. 1 of 2025
                                    In R/SPECIAL CIVIL APPLICATION NO. 12979 of 2020

                       FOR APPROVAL AND SIGNATURE:


                       HONOURABLE MR. JUSTICE MAULIK J.SHELAT                                  Sd/-

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                                   Approved for Reporting                 No    Yes
                                                                          ✓
                       ==========================================================
                                        SOLANKI ASHISHKUMAR JAYANTILAL
                                                       Versus
                                           STATE OF GUJARAT & ORS.
                       ==========================================================
                       Appearance:
                       SUDHANSHU A JHA(8345) for the Petitioner(s) No. 1
                       DS AFF.NOT FILED (N) for the Respondent(s) No. 2,3
                       MS. FORUM SUKHADWALA, ASST. GOVERNMENT PLEADER for the
                       Respondent(s) No. 1
                       ==========================================================

                         CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT

                                                            Date : 03/12/2025

                                                           ORAL JUDGMENT

[1] RULE returnable forthwith. Learned AGP Ms. Forum

Sukhadwala waives service of notice of Rule for and on behalf of the

respondent - State and its authorities.

[2] With the consent of the learned advocates for the respective

parties, the present writ petition is taken up for final hearing.

[3] Heard the learned advocate Mr. Sudhanshu Jha appearing for

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the petitioner as also learned AGP Ms. Forum Sukhadwala appearing

for the respondent - State and its authorities, at length.

[4] The present writ petition is filed under Articles 14, 16 and

226 of the Constitution of India, seeking following reliefs:

A. This Hon'ble Court be pleased to issue a writ of mandamus or any other writ, order or direction in form of writ of mandamus directing and/or commanding the respondents to consider the application of the petitioner in the Selection list for the post of 'Shikshan Sahayak' in the subject of economics pursuant to the recruitment dated 15.04.2016 (at annexure A) and give appointment to the petitioner in any Non Government Grant in Aid schools;

B. This Hon'ble Court be pleased to hold and declare that the policy of the respondents in not considering the Bachelor of Rural Studies Degree as equivalent to the Bachelor of Arts as unjust, arbitrary as well as illegal.

C. This Hon'ble Court be pleased be pleased to stay the selection merit list (at annexure w) wherein other candidates than the petitioners are likely to be considered by ignoring the rights and merit of the petitioner;

D. Prayer of interim relief:

This Hon'ble Court be pleased to, be pleased to grant interim relief by restraining the respondents from issuing final appointment order for the post of Shikshan Sahayak in the Higher Secondary Non Govt. Grant-in-aid Schools without considering the case of the petitioners pending. admission, hearing and final disposal of this petition;

E. This Hon'ble Court be pleased be pleased to pass such other and further relief as may be deemed just and proper in the facts and circumstances of the case.

[5] Learned Advocate Mr. Sudhanshu Jha for the petitioner

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would state that petitioner having possessed the degree of Bachelor of

Rural Studies (BRS) with Economics and M.A. (Economics) and also

possesses B.Ed. Degree, applied for the post of Shikshan Sahayak for

Higher Secondary School of State pursuant to the advertisement dated

15.04.2016 issued by the Gujarat State Secondary and Higher

Secondary Educational Staff Recruitment Selection Committee and

Director of Joint Education (Secondary).

[5.1] Learned Advocate Mr. Jha would further state that after

scrutiny of the application of petitioner, he found selected and placed

in the merit list by the respondent, but for any reason, he has not been

appointed. It is further stated that respondent authority found that as

petitioner possessed the degree of BRS with Economics, it would not

qualify him to be appointed as a Teacher of Economics in the Higher

Secondary School.

[5.2] Learned Advocate Mr. Jha, would respectfully state that

having came to know about the same, petitioner initially made a

representation whereby, requested the authority to reconsider the case

of the petitioner and lastly submitted his representation dated

23.09.2020. It is submitted that vide impugned decision dated

30.09.2020, finally, case of the petitioner was rejected solely on the

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ground that petitioner having possessed degree of BRS (Economics),

is not entitled to be appointed as Shikshan Sahayak which is submitted

by way of amendment in this petition at Annexure-X.

[5.3] Learned Advocate Mr. Jha would submit that issue

germane in this matter is no longer remain res integra, as this Court

vide its oral order dated 29.11.2018 passed in Special Civil

Application No.5750 of 2017 and order dated 02.02.2017 passed in

Special Civil Application No.1861 of 2017, already clarified the issue

that person possessed the degree of BRS, is equivalent to B.A.

(Bachelor of Arts).

[5.4] Further, Learned Advocate Mr. Jha also placed reliance upon

the subsequent advertisement dated 11.01.2021, whereby respondent

authority has accepted and considered the category of BRS equivalent

with B.A./B.Com, for Economics, whereby it is no longer remain in

dispute that petitioner is possessing requisite qualification and degree

to get appointment on the post of Shikshan Sahayak.

[5.5] By making the above submissions, Learned Advocate Mr.

Jha requests this Court to consider the case of the petitioner and

accordingly, requested to allow the present petition.

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[6] Per contra, Learned Asst. Government Pleader Ms. Forum

Sukhadwala would submit that at given point of time when the

candidature of the petitioner considered by the respondent authority, it

was found that degree of BRS (Economics) would not be equivalent to

B.A (Economics), thereby, case of the petitioner was not considered

by the authority for the appointment on the said post, thus, rejected.

[6.1] Nonetheless, learned AGP is unable to dispute the fact that

subsequently, vide resolution/advertisement dated 11.01.2021, the

Education Department of the State has decided to consider

B.A./B.Com./BRS (Economics) in one category, whereby it is no

longer in dispute that person possessing BRS (Economics) would be

equivalent with B.A.(Economics) or B.Com. (Economics) as the case

may be.

[6.2] So, making the above submissions, Learned AGP requests

this Court to pass appropriate order in the matter.

[7] Having heard the learned advocates for the respective parties

and after going through the pleadings and documents of the respective

parties, prima facie, it appears that candidature of the petitioner was

not considered, rather rejected by the respondent authority vide its

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decision dated 30.09.2020, solely on the ground that petitioner is

possessing the degree of BRS (Economics), which would not be

equivalent to B.A. (Economics) or B.Com (Economics). Such decision

appears to be erroneous one, inasmuch as, the aforesaid decisions

passed by the Coordinate Bench of this Court, would clear the cloud

as to equivalence of degree of BRS with degree of B.A.. As held in the

aforementioned decisions, BRS degree is regarded as equivalent to a

BA degree.

[7.1] Furthermore, State through its Education Department vide

its advertisement / Resolution dated 11.01.2021, considered the

BA/B.com/BRS (Economics) in one category for appointment of

Shikshan Sahayak. When such would be the position, the issue

germane in the matter is now stand resolved, thereby, the decision

dated 30.09.2020 of respondent authority requires to be quashed and

set aside having not sustainable in law.

[8] In view of the aforesaid facts and reasons, the decision dated

30.09.2020 of respondent authority, is hereby quashed and set aside.

[9] At this stage, it would be apt to refer the first order passed by

this Court on 22.10.2020, which observed thus:

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"Draft amendment is allowed. Necessary amendment be carried out accordingly.

Notice returnable on 27.11.2020. The learned A.G.P. waives service of notice of respondent No.1.

Meanwhile, the respondents shall keep vacant one post of Shikshan Sahayak in the Higher Secondary, Non Govt. Grant- in-Aid Schools for the economics subject till then.

Direct service qua other respondents is permitted through e- mail."

[10] In view of the aforesaid order, respondent authority directed

to keep one post vacant of Shikshan Sahayak in the Higher Secondary,

Non Govt. Grant-in-Aid Schools for Economics subject. Thus,

respondents are directed to issue appointment letter / order to the

petitioner for the post for which he has applied i.e. Shikshan Sahayak,

in the Higher Secondary for the Economics subject, within a period of

one month from the date of receipt of copy of this order.

[11] At the time of issuing appointment order, though petitioner

may not be entitled to receive any actual monetary benefits i.e. salary,

from 30.09.2020 till actual appointment but notional benefits of such

appointment require to be considered and to be granted to the

petitioner by considering his appointment w.e.f. 01.10.2020 for all

other benefits flowing from services.

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[12] In view of the foregoing reasons and conclusion, the present

writ petition is partly allowed. Rule is made absolute to the aforesaid

extent. No order as to costs.