(Per : HONOURABLE MR.JUSTICE V. M. SAHAI) 1. We have heard Mr. Dipak B. Patel, learned counsel appearing for the appellant and Mr. Rakesh P. Patel, learned Assistant Government Pleader appearing for the respondent No.1.
2. This Letters Patent Appeal has been filed by the appellant – original petitioner challenging the order dated 4.10.2012 of the learned Single Judge passed in Special Civil Application No.13316 of 2012 whereby the learned Single Judge dismissed the writ petition filed by the appellant.
3. The advertisement was issued by the respondents inviting applications for the post of Vidhyasahayaks wherein with regard to Maths/Science Vidya Sahayaks, the essential educational qualification prescribed was B.Sc. in either Mathematics, Statistics, Physics, Chemistry, Biology, Botany, Zoology and Geology, with not less than 45% marks and should have also passed B.Ed. Examination. The additional criteria was also provided that the candidates should have passed Teachers Eligibility Test with 60% of marks.
4. The appellant claims that he fulfills other criterias, but so far as educational eligibility criteria is concerned, he has passed B.Sc. in Biotechnology. Therefore, he filed a writ petition before the learned Single Judge claiming that B.Sc. (Biotechnology) be also treated as eligibility criteria for the post of Vidhya Sahayak (Maths/Science) and direction be issued to modify the essential educational qualification so that the appellant may also apply on-
line for the post of Vidhya Sahayak (Maths/Science).
5. The learned Single Judge has dismissed the writ petition filed by the appellant by order dated 4.10.2012.
6. We are of the opinion that in their wisdom, the respondents have prescribed the educational qualification. This Court is not competent to direct for adding any qualification which the respondents have not provided in the eligibility criteria. We do not find any illegality in the order passed by the learned Single Judge. This Letters Patent Appeal is devoid of any merits and is accordingly dismissed.
7. In view of dismissal of appeal, Civil Application does not survive and it is accordingly dismissed.
Sd/-
[V. M. SAHAI, J.] Sd/-
[G. B. SHAH, J.] Savariya