Gujarat High Court
Kaushal Kishore Shiv Charan Nagar vs Vadodara Municipal Corporation on 15 June, 2021
Author: A.Y. Kogje
Bench: A.Y. Kogje
C/SCA/8768/2020 ORDER DATED: 15/06/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 8768 of 2020
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KAUSHAL KISHORE SHIV CHARAN NAGAR
Versus
VADODARA MUNICIPAL CORPORATION
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Appearance:
MR BHUVNESH GAHLOT(10286) for the Petitioner(s) No. 1
MR NILESH A PANDYA(549) for the Respondent(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE A.Y. KOGJE
Date : 15/06/2021
ORAL ORDER
[1] This petition under Article 226 of the Constitution of India is filed seeking direction to set aside the action on the part of the respondent-corporation in declaring the petitioner as unqualified/unsuccessful candidate in the direct selection process of Staff Nurse.
[2] The facts in brief are that the petitioner was having educational qualification of B.Sc. (Nursing) from an educational institute from Rajasthan and was belonging to reserved category of Other Backward Class (OBC). In response to the advertisement issued for the post of staff nurse by the respondent-corporation, the petitioner had made an application and underwent the selection process. The petitioner had cleared the written examination and was therefore, called for the next stage of selection i.e. to say for verification of the documents submitted by the petitioner on-line at the time of application.
[3] Learned advocate for the petitioner submits that the petitioner was selected in general category and his named appeared amongst the list of qualified candidates and had received marks enough to be considered at par with general category candidate and thereafter, Page 1 of 7 Downloaded on : Sat Jan 15 05:46:01 IST 2022 C/SCA/8768/2020 ORDER DATED: 15/06/2021 the petitioner could be treated to be candidate of general category.
[3.1] He submits that the petitioner was called for documents verification on 18.03.2020 with other candidates and was asked to produce necessary documents like caste certificate, educational qualification certificate as well as Bank challan cum fee receipt. It is submitted that alongwith other successful candidates, all the documents of the petitioner were verified except for the caste certificate as well as Bank challan cum fee receipt. The petitioner was made to give undertaking to produce the Bank challan cum fee receipt within a period of seven days or else the candidature of the petitioner would be treated as disqualified. It is submitted that the petitioner was unable to fulfill this requirement of producing the caste certificate from the appropriate authority of the State of Gujarat as the petitioner belonged to the OBC category of State of Rajasthan. It is submitted that though petitioner made an application as a candidate for reserved category, he had received sufficient marks in the written test for being considered as candidate of general category and therefore, the requirement of caste certificate of appropriate authority of Gujarat State may no longer remain relevant.
[3.2] It is submitted that so far as the Bank challan cum fee receipt is concerned, the petitioner had deposited prescribed fee before the Bank of Baroda Branch and only on account of such payment that the petitioner was able to attend the examination as the fee was deposited successfully and therefore, the respondent should take sympathetic view and consider the candidature of the petitioner in general category and as if the petitioner has paid the fees, requirement of producing the Bank challan/fee receipt to be treated as mere formality and may be overlooked in case of the petitioner.
Page 2 of 7 Downloaded on : Sat Jan 15 05:46:01 IST 2022C/SCA/8768/2020 ORDER DATED: 15/06/2021 [4] As against this, learned advocate for the respondent-
corporation submitted that the petitioner at the time of making an application had himself chosen reserved category in which he would like to apply. The instructions given prior to the application were clear and categoric and had clearly indicated that upon non- compliance of such instructions, candidature would be disqualified. The petitioner was called upon and given sufficient time to produce both caste certificate from appropriate authority of the State Government as well as proof to having paid application fees from the bank. Despite this, the petitioner was unable to produce any proof as required and hence, it is only in compliance of the instructions that the decision to disqualify the candidature of the petitioner was taken. It is fairly submitted that even if today the petitioner is able to produce the required caste certificate and fee receipt, his candidature may be considered in accordance with law.
[5] To the last proposal made by learned advocate for the respondent-corporation, learned advocate for the petitioner states that the petitioner would not be able to produce the fees receipt cum Bank challan.
[6] The Court has heard learned advocates for the parties and perused the documents placed on record. The respondent corporation has given an advertisement for the post of Staff Nurse as well as other categories which has also been published in the local newspaper bearing No.1030/2017-18 and called for the application through on-line. In the advertisement, there are 48 posts of staff nurses which comprises of SC-3, ST-7, SEBC-12, and General Category-26. In the said advertisement, it has been specifically stated that the provision of entire establishment expenses of the said recruitment is borne by the Health and Family Welfare Department of the Government of Gujarat, based on which if the Government of Gujarat thinks if fit, then it can transfer the entire establishment on the pay role of State Government and accordingly, Page 3 of 7 Downloaded on : Sat Jan 15 05:46:01 IST 2022 C/SCA/8768/2020 ORDER DATED: 15/06/2021 the candidate can be asked to serve at any place as decided by the State Government, and therefore,all the posts for which aforesaid advertisement has been given, are all transferable posts which are filled up by the Corporation on behalf of the State Government. It is important to note that the details with regard to the educational qualification, pay scale and other Common provision with regard to payment of fees for said recruitment were given on the website of the Corporation being www.vmc.gov.in, wherein total 22 common provisions with regard to the said advertisement which are mandatory in nature and any non-compliance thereof, will result into rejection of application form. Out of the said common provision, the important provision which has direct bearing with the petitioner are at Item No.4, 9, 10 and 12. With regard to Condition No.4 is concerned, it is specifically mentioned that the candidates of SC, ST and SEBC categories which are approved by the State Government, only will be given the benefit and for that purpose, the necessary caste certificate issued by the State Government shall be considered only. In condition No.9, it is also specifically mentioned in that the details mentioned in the application of the candidate will be considered as final and the proof thereof will be submitted by the candidate as and when demanded by the corporation, otherwise the application shall be rejected at that stage. It is also further mentioned in condition No.10 that subsequently, the candidate will not be permitted to change the category on his request. In condition No.12, it is also specifically mentioned that the general category candidate is required to deposit the application fee to the extent of Rs.200/- + bank charges. However, so far as the SC, ST, and SEBC candidates are concerned, they have to deposit of Rs.100/- + bank charges towards the application form and such counter of depositing the fee is also required to be produced at the time of verification of the candidate's certificate and other documents. Thus, the production of fees payment receipt was mandatory and compulsorily by the respective applicant as a proof Page 4 of 7 Downloaded on : Sat Jan 15 05:46:01 IST 2022 C/SCA/8768/2020 ORDER DATED: 15/06/2021 of payment and so said payment fee receipt was also required to be brought compulsorily at the time of document verification and non- production of same would result into rejection of application.
[6.1] According, to the advertisement, the corporation has received for all 7 posts, in all 42,119 applications in which with regard to the staff nurse post, nearly 13,043 applications are received by the corporation and out of which, the corporation has called for 12,360 For that purpose, the corporation has also advertised the prescribed syllabus on 27.11.2019; call letters were issued on 5.12.2019 and all the candidates were called for written examination and out of 12,360 candidates, in written examination only 3542 candidates had remained present.
[6.2] The corporation had issued the final answer key on its website on 27.1.2020 and the result also came to be published on website on 27.2.2020 and OMR sheet was also published on 29.2.2020 and the merit list section and waiting list was also published on 9.3.2020. As per the merit list, for the purpose of verification, of documents, letters were as issued to the respective candidates on 09.03.2020. After rejection list was prepared, those candidates who have made the representation for rejection of their application form for want of non-production of either fees payment receipt or caste certificate, then such representations were reconsidered by the respondent Corporation on production of such documents which was reconsidered and accordingly, fresh list was prepared by inserting the names of such candidates who have produced such documents which was accordingly been published on 6.6.2020/22.6.2020.
[6.3] For the purpose of taking written examination of 12,360 candidates, the corporation has arranged can 103 examination center and 1154 blocks have been reserved and for that purpose, a huge expenditure has been incurred by the corporation which comprises the expenses for the purpose of paper setting as well as Page 5 of 7 Downloaded on : Sat Jan 15 05:46:01 IST 2022 C/SCA/8768/2020 ORDER DATED: 15/06/2021 examination of the papers and for this reason it was compulsory and mandatory for all the candidates to make the payment of fees which also becomes binding for the present petitioner to make the payment of such prescribed fees as specified for specific category of the respective post.
[6.4] The petitioner was informed by way of SMS to remain present on 18.03.2020 for the verification of the original documents, pursuant to which, the present petitioner remain present but could not produce the copy of fees payment receipt and therefore, the petitioner has given written undertaking to produce the same within 7 days from the date of verification of documents. After the process of verification of document was over, the respondent Corporation has published a list containing the names of the candidates on its website who were not in position to produce the required document whereby total 31 candidates were declared as rejected candidates wherein, the names of the petitioner has been rejected in view of mandatory condition of the recruitment process mentioned at point no.12(c) for non-production of fees payment receipt.
[7] It is also pertinent to point out that like the petitioner other candidates were also disqualified on account of non-compliance with the requirement of instructions namely producing of fee receipts and were given opportunity to rectify this non-compliance of the candidates, who were later on, also able to produce fee receipt, such candidates were treated to be qualified candidates and their names were considered.
[8] Therefore, apparently, the corporation has in fair and just manner and as the petitioner was unable to fulfill the requirement of the instructions clearly given in the advertisement in producing fee receipt cum Bank challan regarding proof of his having paid examination fees alongwith application form, his candidature was rightly treated to be disqualified and in this factual matrix, the Court Page 6 of 7 Downloaded on : Sat Jan 15 05:46:01 IST 2022 C/SCA/8768/2020 ORDER DATED: 15/06/2021 finds no reason to interfere. Hence, present petition deserves to be and the same is hereby dismissed.
(A.Y. KOGJE, J) SIDDHARTH Page 7 of 7 Downloaded on : Sat Jan 15 05:46:01 IST 2022