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Gujarat High Court
Nita Mansukhlal Mer vs State Of Gujarat on 19 January, 2026
NEUTRAL CITATION
C/SCA/21372/2016 JUDGMENT DATED: 19/01/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 21372 of 2016
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE MAULIK J.SHELAT Sd/-
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Approved for Reporting No Yes
✓
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NITA MANSUKHLAL MER
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MS MAMTA R VYAS(994) for the Petitioner(s) No. 1
MS. FORUM SUKHADWALA, AGP for respondent - State
RULE SERVED for the Respondent(s) No. 1,2,3
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CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 19/01/2026
ORAL JUDGMENT
[1] Heard Ms. Mamta R. Vyas, learned advocate for the petitioner
and Ms. Forum Sukhadwala, learned Assistant Government Pleader
for the respondent - State and its authorities, at length.
[2] The present writ petition is filed under Articles 14, 16 and 226
of the Constitution of India, seeking the following reliefs:-
"10(A) Your Lordships may be pleased to issue a writ of mandamus or
any other appropriate writ, order or direction directing the respondents to
issue appointment order pursuant to the advertisement for the post of
Shikshan Sahayak (Gujarati) medium) in the subjects of Accounts
(Commerce Stream);
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(B) Pending admission, hearing and final disposal of the present petition,
be pleased to direct the respondents to issue appointment order to the
petitioner;
(C) Be pleased to pass such other and further relief as may be deemed
just and proper in the facts and circumstances of the case;
[3] Ms. Mamta R. Vyas, learned advocate for the petitioner has
submitted that the petitioner possesses the degree of B.Com.
(Accounts & Audit) from Bhavnagar University and M.Ed. from
S.N.D.T. Mahila College, Maharashtra. Pursuant to the
advertisement dated 24.08.2013 issued by the Gujarat State
Secondary and Higher Secondary Educational Staff Recruitment
Selection Committee and Director of Joint Education (Secondary),
the petitioner applied for the post of Shikshan Sahayak (Gujarat
Medium) for Higher Secondary Schools.
[3.1] It is further submitted that after scrutiny of the application, the
petitioner was found selected and was directed by the District
Education Officer, Bhavnagar to remain present for choice of schools
on 06.06.2014, vide letters dated 23.05.2014 and 04.06.2014.
Pursuant thereto, the petitioner submitted the requisite affidavit and
was orally informed by the District Education Officer to obtain a
certificate from Bhavnagar University clarifying the subjects studied
by her at the Graduate and Post Graduate levels.
[3.2] Ms. Vyas, Learned advocate has submitted that the petitioner
accordingly approached the Registrar, Bhavnagar University, who
issued a certificate dated 13.01.2015, certifying that the petitioner
had studied Accounts as a subject at the Graduate level.
[3.3] It is further submitted that despite the said certificate and
recommendation forwarded by the Registrar to the District
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Education Officer, Bhavnagar, and despite repeated representations
and applications made under the Right to Information Act, the
respondents neither passed any order nor issued any reply, and no
appointment order was issued to the petitioner, though she
possessed the requisite qualifications. It is submitted that in view of
the said facts, there would not be any delay on the part of the
petitioner in approaching this Court by way of this petition.
[3.4] Ms. Vyas, Learned advocate has submitted that the issue
involved in the present petition is no longer res integra, as this Court
has consistently held that a candidate possessing a graduate degree
such as B.A., B.Com. or B.Sc. is not required to have graduation in a
particular specialized subject unless specifically mandated by the
recruitment rules. It is submitted that as per regulation no.20 of
Gujarat Secondary Education Regulations, 1974 (herein after
referred to as "the Regulations, 1974"), the requirement is only for
B.A., B.Com. or B.Sc. with B.Ed. or M.Ed., as the case may be.
[3.5] On the basis of the aforesaid submissions, learned advocate for
the petitioner prayed for allowing the present petition.
[4] Per contra, Ms. Forum Sukhadwala, learned Assistant
Government Pleader for the respondent - State submitted that at the
relevant point of time, when the candidature of the petitioner was
considered, the respondents were of the opinion that B.Com. degree
of the petitioner was not equivalent to B.Com. (Finance/Accounts),
and as the petitioner applied for the post of Shikshan Sahayak in
Higher Secondary School for the subject of Account & Commerce,
therefore, the petitioner's candidature was not considered.
[4.1] However, learned AGP fairly conceded that subsequently, vide
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Resolution / Advertisement dated 11.01.2021, the Education
Department of the State has decided to consider B.A./B.Com./B.Sc.in
one category for appointment to the post of Shikshan Sahayak,
thereby treating such degrees as equivalent.
[4.2] Learned AGP would only submit that there was delay on the
part of the petitioner in approaching this Court by way of this
petition, thereby no relief can be granted.
[4.3] On the basis of the aforesaid submissions, learned AGP
submitted that appropriate orders may be passed by this Court.
[5] Having heard the learned advocates for the respective parties and
upon perusal of the pleadings and documents on record, it prima
facie appears that the candidature of the petitioner was not
considered solely on the ground that the petitioner possessed a
degree of B.Com., which according to the respondents was not
equivalent to B.Com. (Accounts & Commerce). Such an approach is
clearly erroneous and unsustainable in law.
[5.1] This Court, in several decisions rendered by Coordinate
Benches, has clarified that a graduate degree such as B.A., B.Com. or
B.Sc.cannot be disqualified on the ground of alleged non-equivalence
unless the rules specifically prescribe otherwise. It has also been
held that as per the rule No.7 of the Teacher and Headmaster of
Registered Private Secondary and Higher Secondary (Procedure for
Selection) Rules, 2011 (hereinafter referred to as "the Rules,
2011"), read with Regulation No. 20 of the Regulation, 1974, would
prescribe that possessing of a valid degree from a valid university is
the requirement and the same does not prescribe that the degree
should be in the subject concerned. {See- SCA No. 22974 of 2019.
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Oral order dated 07.12.2023 in a case of Chetankumar
Bhikhalal Patel vs. State of Gujarat as well as LPA No. 752 of
2020, oral judgement dated 24.09.2024 in a case of State of
Gujarat vs. Vasoya Chirag Vinodbhai}.
[5.2] Furthermore, the Education Department of the State itself, vide
Resolution / Advertisement dated 11.01.2021, has grouped
B.A./B.Com./B.Sc. in one category for appointment for the post of
Shikshan Sahayak. In view of the said policy decision, the issue
involved in the present petition stands conclusively resolved.
[5.3] The action of the respondent authority in not considering the
case of the petitioner, despite her possessing requisite qualifications,
as per the aforesaid the Rules, 2011 read with the Regulation 1974,
is arbitrary, unreasonable and violative of Articles 14 and 16 of the
Constitution of India, and therefore, deserves to be quashed and set
aside. It is trite that when the impugned action of the State found to
be violative of fundamental rights of the petitioner, the doctrine of
estoppel, waiver as well as delay and laches would not help the
argument of learned AGP. {See - Basheshwar Nath v. Commr. of
Income-tax, Delhi, (1959) Supp (1) SCR 528 : AIR 1959 SC
149}.
[5.4] Furthermore, the petitioner was not even officially
communicated by the respondents that her candidature is cancelled,
then in such situation as well, no fault can be found with the
petitioner when she filed this petition in the year 2016.
[6] In view of the foregoing reasons, it is hereby held that the
respondent has wrongly denied the appointment to the petitioner to
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post on which she has applied for, i.e., Shukshan Sahayak (Higher
Secondary - Accounts - Commerce).
[6.1] The respondent authorities are hereby directed to issue an
appointment order in favour of the petitioner for the post of Shikshan
Sahayak (Higher Secondary - Accounts - Commerce) on or before
28.02.2026, failing which, the petitioner is entitled to receive the
salary from 01.03.2026 as prevailing to the aforesaid post.
[7] At the time of issuing the appointment order by the respondent
concerned, the petitioner shall not be entitled to actual monetary
benefits i.e. salary from 06.06.2014 till the date of actual
appointment; however, the petitioner shall be entitled to notional
benefits by considering her appointment w.e.f. 06.06.2014, for the
purpose of seniority, continuity of service and all other consequential
service benefits.
[8] In view of the foregoing conclusion, the present writ petition is
allowed. Rule is made absolute to the aforesaid extent. There shall be
no order as to costs.
Direct service is permitted.
(MAULIK J.SHELAT,J.)
Lalji Desai
