ARUNABEN T. BHOJAKversusSECRETARY, AHMEDABAD EDUCATION SOCIETY AND ORS.

                                                                               ./


A                 ARUNABEN T. BHOJAK                                                     ~

                          v.
    SECRETARY, AHMEDABAD EDUCATION SOCIETY AND ORS.                                           ,.
                                JANUARY 27, 1995

B                [K. RAMASWAMY AND B.L. HANSARIA, JJ.]

         SelVice La~Appointment to a post reseJVed for Schedule Tribes-
    Scheduled Tribe candidate available but not selecte~Later appointment of
                                                                                   +
                                                                                              '\
    same candidate cannot be per se illegal.
c         The Gujarat University published a notification calling for recruit·
    ment to the post of Lecturer (Psychology). Appellant belonging to a
    Scheduled Tribe in the State of Gujarat, though available, was not selected.
    Respondent came to be selected and sought to be appointed. Appellant
    went to Court and pending appeal, she was selected and appointed as
D   Lecturer (Psycholgy). The Division Bench of the High Court held that when      .l.
                                                                                     \__
                                                                                               •r-
    the selection was made, the appellant did not have the requisite qualifica-
    tion for appointment to the post. Hence this appeal.

            Allowing the appeal, this Court

E         HELD : Though initially, the appellant did not have the laboratory
    experience but later on she acquired it and was, therefore, eligible and
    accordingly appointed. The post was reserved for Scheduled Tribe and
    when a Schedule Tribe candidate was available, the appointment cannot
    be held per se illegal. [669-D]                                                ~


F           CIVIL APPEALLATE JURISDICTION: Civil Appeal No. 3010 of
    1995.

         From the Judgment and Order dated 22.11.93 of the Gujarat High .
    Court in L.P.A. No. 161of1987.                                                             ';-

G           Mrs. J.S. Wad for the Appellant.                                         ...,._
                                                                                               ..
            Raju Ramachandran and R.P. Wadhwani for the Respondents.

            The following order of the Court was delivered :

H           Leave granted.
                                        668
                     A.T BHOJAKv. AHMEDABAD EDN. SOCY.                      669

             This appeal by special leave arises against the order of the Division .A
       Bench of th~ High Court of Gujarat in LPA No. 161/87 dated November
       22, 1993. The appellant admittedly belongs to Bakshi Panch which is one
       of the Nomadic Tribes, notified as a Scheduled Tribe in the State of
       Gujarat. The Gujarat University had published a notification calling for
       recruitment to the post of Lecturer (Psychology). Initially though the B
       appellant was available, she was not selected. Consequently, the contesting
       respondent came to be selected and sought to be appointed. The appellant
       ultimately went to the court. Pending appeal, she was selected and ap-
+
       pointed and has now been working as Lecturer (Psychology) in the Gujarat
       University. The Division Bench of the High Court held that when the
       selection was made, she was not found to be suitable. The requisite C
       qualifications were not sufficient for appellant's claim to the post.

              We are unable to appreciate the reasoning of the Division Bench. It
       is true that initially the respondent did not have the laboratory experience
       but later on she had acquired that experience. She was also eligible and
       was accordingly appointed. Admittedly, the post was reserved for the D
·'(.
       Scheduled Tribes and when a Scheduled Tribe candidate is available,
       his/her appointment cannot be held per se illegal. Therefore, the High
       Court was not right in negativing the right of the appellant in this behalf.

            The appeal is accordingly allowed. The appointment made to the
       appellant shall continue as one reserved for Scheduled Tribes. No costs.    E
       A.G.                                                     Appeal allowed.