(1) RULE. Mr.Alkesh N. Shah, learned Assistant Government Pleader appears and waives service of rule on behalf of the respondent authorities.
(2) The petitioner, by way of the present petition has, inter alia, prayed for the following reliefs:
“(A) To admit this application and issue the writ of mandamus and/or other appropriate writ, order or direction, directing the respondent No.2 herein to give the appointment to the petitioner as per Call Letter (ANNEXURE 'G') for the post of Vidhya Sahayak (Mathematics and Science) with further direction to complete the remaining formalities as early as possible, in the interest of justice.
(B) Pending admission and final disposal of this petition be pleased to stay the further appointments for the Vidhya Sahayak as per the News Paper Advertisement (ANNEXURE 'C'), in the interest of justice.
(C) Pending admission and till the final disposal of this petition be pleased to direct the respondents to make the conditional appointment of the petitioner to the post of the Vidhya Sahayak subject to the outcome of the present petition, in the interest of Justice.
(D) Award the costs.
(E) Any other or further order that may be deemed, fit and proper be passed in the interest of justice.”
(3) The facts of the case are that the petitioner is possessing degree of Bachelor of Fisheries Science, awarded by the Saurashtra University. It reveals from the record that pursuant to Notification dated 21.05.2011 the petitioner offered himself for the post of Vidhya Sahayak and appeared in the Teacher Eligibility Test (TET) conducted by the State Examination Board, Gandhinagar and successfully passed out the said examination with 73.33%.
(4) The petitioner applied for the post of Vidhya Sahayak in response to the advertisement published in Sandesh Gujarati daily newspaper dated 15.07.2011. It further transpires that when the petitioner filled in the form for the post of Vidhya Sahayak, a query was raised by the respondent authorities whether the degree of Bachelor of Fisheries Science possessed by the petitioner is a degree of Science stream and after examining the said aspect the respondent authorities permitted the petitioner to submit a fresh form with instruction not to specify the subjects studied by the petitioner during his graduation and accordingly the petitioner has filled a new form and has also paid fees for the same and submitted such form on 21.07.2011.
(5) The respondent authorities scrutinized the said form and called the petitioner for personal interview, which was held on 17.08.2011. The petitioner remained present in the said interview, however, he was informed by respondent No.2 authority that as he was not possessing the degree of Bachelor of Science, the petitioner will have to wait and in fact it is the contention of the petitioner that the petitioner was asked to come after he is intimated. As the petitioner was not called for interview, again by a communication sent through email dated 18.08.2011 the petitioner requested the competent authority to consider his case.
(6) As a controversy was raised whether the degree of Bachelor of Fisheries Science is equivalent to the degree of Bachelor of Science or not, the petitioner referred to the said aspect to the concerned college situated at Veraval, Dist. Junagadh, which has issued a certificate to the effect that the degree of Bachelor of Fisheries Science is equivalent to the degree of Bachelor of Science. However, as the case of the petitioner has not been considered, the present petition.
(7) At the outset Mr.Kotecha, learned advocate for the petitioner, has relied upon the common order of this Court rendered in case of Puvar Kripalsinh Shivsinh Vs. State of Gujarat & Anr., in Special Civil Application No.12264 of 2011 and cognate matters passed on 13.10.2011. It was submitted that as per the said order of this Court candidates, who were possessing degree of Science in Forestry and Home Science were considered for the post of Vidhya Sahayak, considering such a degree as graduate in Science. Learned advocate for the petitioner therefore, submitted that the petition deserves to be allowed.
(8) Mr.Alkesh N. Shah, learned Assistant Government Pleader, has not been able to point out anything contrary to what has been submitted by the learned advocate for the petitioner.
(9) Considering the facts arising out of this petition, the petitioner has obtained degree of Bachelor of Fisheries Science and as per the certificate issued by Principal & Dean of College of Fisheries, Junagadh Agricultural University dated 20.08.2011 Bachelor of Fisheries Science is multidisciplinary degree course, which is equivalent to all other Bachelor of Science degree courses. The petitioner has passed Higher Education Examination in science stream held in March 1991 by Gujarat Secondary Education Board. It further transpires that thereafter the
University in the year 1996.
(10) This Court in the case Puvar Kripalsinh Shivsinh (supra) has observed thus:
“9. Learned advocate for the petitioners submitted that the advertisement in question had not specifically or otherwise ousted Graduate in Science from any stream or having subject like Forestry or Home Science and, therefore, when petitioners had basic subject of Science in their Standard 12 and have completed basic course in Primary Teachers Training and have further undergone required eligibility test viz. TET with Maths/Science subjects, the petitioners, for all purposes are at par with any other graduate of science and decision to deny appointment to the petitioners on the post of Vidhya Sahayak is not only arbitrary, unreasonable, but contrary to decision of the Apex Court inasmuch as in the midst of selection procedure applying different criteria other than what is prescribed under the rules or in the advertisement is not permissible. In support his submissions reliance is placed on oral orders passed by this Court in Special Civil Application No.9922 of 2011 dated 04.08.2011 and other such cases in which requirement for the post of Vidhya Sahayak with basic subject of Social Science and claim was made by petitioners having Physics as one of the subjects in graduation and PG were permitted to compete in the examinations.
10. In the above circumstances, it is submitted that neither the Government Resolution dated 27.04.2011 nor even requirement of the advertisement of educational qualifications preclude or deprive the candidates like the petitioners, who have obtained degree of Science in Forestry and Home Science respectively from recognized university for which there is no dispute. In addition to the above, the petitioners have obtained qualifying PTC, B.Ed and TET examinations respectively. Therefore, when the vacancies of Vidhya Sahayak [Maths/Science], as advertised have not been fully filled in, the decision of the respondents of not appointing the petitioners is illegal, arbitrary and deserves to be quashed and set aside.
11. Having heard learned counsel for the parties and considering the relevant facts and circumstances of the case, it appears that in the advertisement for the post of Vidhya Sahayak Maths/Science for the UpperPrimary standards 5 different qualifications are prescribed and the petitioner of Special Civil Application No.12264 of 2011 possessed qualification of B.Sc. [Forestry], PTC as well as other requirements. So is the case of other petitioners of Special Civil Application No.12932 of 2011 and Special Civil Application No.13571 of 2011, who also possess degree of B.Sc. [Home Science] and B.Ed. with Maths and Science and also passed TET examination and other requisite qualifications. Therefore, all the petitioners of all these petitions do possess basic degree in Science and when the advertisement for the post in question has not specifically excluded any graduate of Science viz. B.Sc. with any other subject, decision of respondent not to appoint the petitioners is not only arbitrary, unreasonable and discriminatory, but is devoid of any logic or rationale. This is more so evident in light of the academic qualifications of the petitioners who have Science subject in their Higher Secondary Examination and have also studied different branches of Science in their graduation. Further, petitioners have cleared TET examination for Maths and Science and particularly when the petitioners in Special Civil Application No.12932 of 2011 and 13571 of 2011 have passed B.Ed. with Science and Maths examination, it cannot be said that they possess lesser qualifications than any other Science graduates. Since all the petitioners fulfill all the eligibility criteria as per the advertisement, decision of the respondents to deny appointment to the petitioners by applying different criteria on the ground that the petitioners have completed their graduation in Science viz. B.Sc. in subjects other than Maths or Science is illegal. Therefore, the impugned decision is quashed and set aside qua the petitioners.
However, while conferring appointments on the petitioners, it is necessary that they may be placed in their order of merit and given all the benefits, including due seniority at their respective places.”
(11) Considering the above observations, the petitioner, who possesses degree of Bachelor of Fisheries Science and who has passed Teacher Eligibility Test (TET) should be construed as graduate in science viz. B.Sc.
(12) Resultantly, the petition deserves to be accepted. Respondents are directed to consider the case of the petitioner and place the petitioner in his order of merits accordingly.
(13) The petition is allowed accordingly. Rule made absolute to the aforesaid extent. There shall be no order as to costs.
*** Sd/ [R.M.CHHAYA, J ] Bhavesh*