IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 15297 of 2004 For Approval and Signature: HON'BLE MR.JUSTICE P.B.MAJMUDAR ============================================================ 1. Whether Reporters of Local Papers may be allowed : NO to see the judgements? 2. To be referred to the Reporter or not? : NO 3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the concerned : NO Magistrate/Magistrates,Judge/Judges,Tribunal/Tribunals? -------------------------------------------------------------- CHAUDHARI DIPIKABEN SENDHABHAITHRO.SENDHABHAI R CHAUDHARI Versus STATE OF GUJARAT -------------------------------------------------------------- Appearance: 1. Special Civil Application No. 15297 of 2004 MR AMIT M PANCHAL for Petitioner No. 1 MR NC SOOD, AGP for Respondent No. 1-2 -------------------------------------------------------------- CORAM : HON'BLE MR.JUSTICE P.B.MAJMUDAR Date of decision: 08/12/2004 ORAL JUDGEMENT RULE. With the consent of the parties, matter is taken up for hearing today. By filing this petition, the petitioner has prayed that the respondents may be directed to consider the case of the petitioner in the Sports quota, as per Government Resolution dated 25-2-1980 and 1-8-1990 for the appointment to the post of Vidya Sahayak. According to the petitioner, she has participated in the All India Women's Footbal Tournament, which was organized by the Maharashtra Women's Football Association. A certificate in this regard is issued by the Gujarat State Womens' Football Association, which is annexed at page 16 of the compilation. Mr.Sood, learned AGP, states that at present the aforesaid association is not holding any recognition and application for renewal of such recognition is pending. It submitted by learned AGP that the said association was granted recognition from time to time and at present that association is not having recognition. As the aforesaid association was granted recognition by the Government and considering the fact that the petitioner has participated in All India Women's Football Tournament, learned AGP, after taking instruction from the Director of Primary Education states that claim of the petitioner for the appointment to the post of Vidya Sahayak shall be considered by giving benefit of Government Resolutions dated 25-2-1980 and 1-8-1990 by treating the case of the petitioner as a sports person. He submitted that the Director of Primary Education may be permitted to initiate appropriate inquiry to find out whether the certificate produced by the petitioner is genuine and whether the same is tampered with in any manner. Considering the aforesaid submission of learned AGP, it is directed that the claim of the petitioner for recruitment to the post of Vidya Sahayak in Sports Quota shall be considered in view of Government Resolution dated 25-2-1980 and 1-8-1990, after verification of the certificate produced at page 16. The Director of Primary Education can initiate appropriate inquiry to find out the genuineness of the certificate produced by the petitioner and appropriate decision may be taken in this regard within a period of one month from today and ultimately, if the Director is of the opinion that the petitioner is required to be appointed on the post of Vidya Sahayak, appropriate order may be passed in this behalf latest by 15th January, 2005. It will be open for the Director of Primary Education to assign such inquiry to the concerned District Primary Education Officer, who is the appointing authority. If it is found that the certificate produced by the petitioner is genuine, the petitioner may be given relaxation as per Government Resolution dated 25-2-1980 and 1-8-1990. It is clarified that if the certificate is found to be genuine, the petitioner may be given all the benefits to which the petitioner is entitled, treating the claim of the petitioner as if it would have been considered at the relevant time. Whatever decision taken by the Director may be communicated to the petitioner. Accordingly, this petition is allowed to the aforesaid extent. Rule is made absolute accordingly with no order as to costs. Direct service is permitted. (P.B.Majmudar,J.) /malek