Kundan Joitaram Patel vs Departmental Selection Commitee on 24 March, 2015

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Gujarat High Court

Kundan Joitaram Patel vs Departmental Selection Commitee on 24 March, 2015

Bench: Abhilasha Kumari

         C/SCA/5119/2015                              ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            SPECIAL CIVIL APPLICATION NO. 5119 of 2015

================================================================
             KUNDAN JOITARAM PATEL....Petitioner(s)
                          Versus
       DEPARTMENTAL SELECTION COMMITEE....Respondent(s)
================================================================
Appearance:
MR TR MISHRA, ADVOCATE for the Petitioner(s) No. 1
MS SWAPNESHWAR GOUTAM, ASSISTANT GOVERNMENT PLEADER for
the Respondent(s) No. 1
================================================================

        CORAM: HONOURABLE SMT. JUSTICE ABHILASHA
               KUMARI



                           Date : 24/03/2015


                            ORAL ORDER

Heard Mr.T.R.Mishra, learned advocate for the petitioner. It is submitted that the petitioner applied for the post of Livestock Inspector pursuant to advertisement dated 21.01.2014. He appeared in the competitive examination conducted by the respondent Selection Board, and was selected for the said post. The petitioner thereafter produced the marksheet issued by Jodhpur National University, declaring the petitioner to have passed the Livestock Inspector course in the first Page 1 of 3 C/SCA/5119/2015 ORDER division. The petitioner has applied to the Jodhpur National University to supply the Provisional Certificate, as the Final Certificate is issued only after the convocation. So far, the Provisional Certificate has not been received by the petitioner and the Final Certificate is to be issued after the convocation held by the University.

It is further submitted that the petitioner is in receipt of a letter dated 03.03.2015 of the respondent to the effect that if he fails to produce the Final Certificate of the University, his name will be deleted from the select list and he would not be granted appointment.

Learned advocate for the petitioner has placed reliance upon a judgment of the Supreme Court in Dolly Chhanda v. Chairman, JEE and Others - (2005)9 SCC 779 and the judgment of this Court in Pagi Jegingbhai Zalabhai v. Collector (Civil Supply Department) and Ors. 2011(3) GLH 367 in support of his submissions that the petitioner has the qualification required for selection and has, in fact, been selected. It is not the fault of the petitioner that the Final Certificate has not yet been issued by the Jodhpur National University, and the Page 2 of 3 C/SCA/5119/2015 ORDER respondent cannot cancel the selection of the petitioner only on this ground.

Issue Notice and Notice for interim relief, returnable on 08.04.2015.

Adinterim relief, in terms of Paragraph6(c) is granted till then.

In addition to the normal mode of service, Direct Service, today, is also permitted.

(SMT. ABHILASHA KUMARI, J.) sunil Page 3 of 3

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