Gujarat High Court
Sonalben Mansingbhai Chandana vs The Dakshin Gujarat Vij Company Limited on 1 February, 2023
Author: A.Y. Kogje
Bench: A.Y. Kogje
NEUTRAL CITATION
C/SCA/12495/2021 ORDER DATED: 01/02/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 12495 of 2021
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SONALBEN MANSINGBHAI CHANDANA
Versus
THE DAKSHIN GUJARAT VIJ COMPANY LIMITED
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Appearance:
M S PADALIYA(7406) for the Petitioner(s) No. 1
MR DIPAK R DAVE(1232) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
Date : 01/02/2023
ORAL ORDER
[1] This petition under Article 226 of the Constitution of India is filed seeking direction to quash and set aside a communication dated 08.06.2021 at Annexure-F by which the petitioner was informed that the petitioner is ineligible for the post in question on the ground of the educational qualification.
[2] It is the case of the petition that a post of Vidyut Sahayak/Junior Assistant was advertised in the year 2020 and through the official website the petitioner had submitted her application on 13.01.2020.
[3] Pursuant to the advertisement, the online examination was conducted on 06.01.2021 and provisional results where also published on 09.03.2021. The name of the petitioner reflected in the list of candidates, who had cleared the online examination and therefore, the candidates whose name appeared in the aforesaid list were required to appear in person for document verification on 30.03.2021.
[4] The petitioner did appear for the document verification and had also given her choice of posting and thereafter, the petitioner was asked to wait for the appointment order. As the petitioner did not get her Page 1 of 4 Downloaded on : Sun Sep 17 21:22:25 IST 2023 NEUTRAL CITATION C/SCA/12495/2021 ORDER DATED: 01/02/2023 undefined appointment order for long, the petitioner made a representation on 05.06.2021 and in response to this representation, she received the impugned communication dated 08.06.2021, informing that she did not possess the requisite educational qualification of B SC.
[5] It is the case of the petitioner that the petitioner is a graduate and has a degree of B.Sc (Home Science) and therefore, held the requisite qualification as was advertised at Annexture-A is the advertisement where in column-5 qualification is prescribed which includes Full time B.A, B.Com, B.Sc., B.C.A. and B.B.A. Therefore, it is the case of the petitioner that erroneously case of the petitioner is not considered and treated her to be ineligible on the ground of educational qualification.
[6] Along with the petition, a common oral order dated 01.12.2011 passed in Special Civil Application No. 12327 of 2011 and allied matters is placed on record to submit that the candidates who had passed B.Sc./Home Science and B.Ed and TET, were found eligible for the post of Vidyashayak in the subject of Mathematics and Science and therefore, there was no reason for treating the petitioner as ineligible.
[7] As against this, learned advocate for the respondent submitted that the recruitment process is already over and appointment orders have been issued and now there are no vacancies and therefore, even if the case of the petitioner is to be considered, it would render the exercise Academic.
[8] Learned advocate has relied upon the decision of Division bench of this Court in Letters Patent Appeal No.550 of 2013 and allied matters in case of Gujarat Public Service Commission v/s. Dhanjibhai Savjibhai Maru and others and submitted that the educational qualification prescribed by the employer has to be fulfilled and no equivalent educational qualification can be considered to treat the candidate as eligible.
Page 2 of 4 Downloaded on : Sun Sep 17 21:22:25 IST 2023 NEUTRAL CITATION C/SCA/12495/2021 ORDER DATED: 01/02/2023 undefined [9] The Court has heard learned advocates for the parties and perused
the documents placed on record. At the outside, it would be appropriate to refer to the advertisement in column-5. The educational qualification prescribed for the post of Vidyut Sahayak (Junior Assistant) as full time B.A, B.Com, B.Sc., B.C.A. and B.B.A in regular mode from recognized University duly approved by UGC with minimum 55% in final year.
[10] Undoubtedly, the petitioner had cleared her screening examination and was invited for document verification. The document verification would indicate that the petitioner is a graduate from Saurashtra University and holding a degree of Bachelor of Home Science. The degree certificate is produced a Annexure-G, which would indicate that the petitioner is a bachelor of Home Science in the subject of Food and Nutrition. In the opinion of the Court, the degree certificate of the petitioner as a bachelor of Home Science does not meet with the requirement of the advertisement which specifies B.Sc as a requisite qualification.
[11] The Division Bench of this court in Case of Gujarat Public Service Commission (Supra), considering the claim of the petitioners therein to treat the qualification of Bachelor of Rural Studies equivalent to the Bachelors Degree in Arts, Science, Commerce, Agriculture or Law and treat them to be eligible candidates. In the aforesaid decision, the Division Bench did not agree to this proposition and by setting aside the decision of the single judge held that the Government Resolution which treated the degree of Bachelor of Rural Studies equivalent to be a degree was for a limited purpose and therefore, it cannot be made applicable giving a wide amplitude. As the requirement of statutory provision that a candidate must be holder of Bachelors Degree in Arts, Science, Commerce, Agriculture or Law, cannot be dispensed with.
Page 3 of 4 Downloaded on : Sun Sep 17 21:22:25 IST 2023 NEUTRAL CITATION C/SCA/12495/2021 ORDER DATED: 01/02/2023 undefined [12] Similarly, in the facts of the present case also, the argument on
behalf of the petitioner that a degree of Bachelor in Home Science is to be treated as an degree equivalent to B.Sc., cannot be accepted, more particularly without there being any policy of the Government for treating both such educational qualification to be equivalent. Moreover, when the recruitment process has been concluded and all the seats having been filled, there is no reason for this Court now to interfere on the ground raised by the petitioner.
[13] The petitioner therefore, deserves to be and the same is hereby dismissed.
(A.Y. KOGJE, J) SIDDHARTH Page 4 of 4 Downloaded on : Sun Sep 17 21:22:25 IST 2023