Gujarat High Court
Dimpal Bhagvanjibhai Patel vs State Of Gujarat & on 27 January, 2017
Author: Sonia Gokani
Bench: Sonia Gokani
C/SCA/1434/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 1434 of 2017
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DIMPAL BHAGVANJIBHAI PATEL....Petitioner(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
MR KB PUJARA, ADVOCATE for the Petitioner(s) No. 1
ADVANCE COPY SERVED TO MR RONAK RAVAL, AGP/PP for the
Respondent(s) No. 1
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CORAM: HONOURABLE MS JUSTICE SONIA GOKANI
Date : 27/01/2017
ORAL ORDER
1. Pursuant to the advertisement issued by Gujarat Public Service Commission ("GPSC" for short) being Advertisement No.45/201516 dated 1.9.2015 inviting applications for 18 vacancies of Research Officer in Gujarat Statistical Service, ClassII, under General Administrative Department, the petitioner appeared at preliminary exam on 1.5.2016 and succeeded. Her name was found in the list of candidates eligible for verification of documents as published by GPSC on 5.1.2017. All her Page 1 of 10 HC-NIC Page 1 of 10 Created On Sun Aug 13 03:43:28 IST 2017 C/SCA/1434/2017 ORDER documents were duly verified and on 5.1.2017 GPSC stated that the petitioner does not possess the prescribed educational qualification as per the advertisement, and therefore, her name was not included in the list of eligible candidates for oral interview.
2. On 7.1.2007 GPSC placed on its Notice Board and website the Interview Programme showing the oral interview from 1.2.2017 to 4.2.2017.
3. Aggrieved petitioner has preferred this petition under Article 226 of the Constitution of India. It is the say of the petitioner that she is not given an opportunity of hearing and the respondents have unilaterally declared that she is not possessing required educational qualification as per the advertisement, which quite deserves interference, and therefore, she has approached this Court with the following reliefs: "13.The petitioner therefore humbly prays that YOUR LORDSHIP BE PLEASED to issue a writ of or in the nature of mandamus and/or certiorari and/or prohibition and/or any other appropriate writ, order or direction:
(a) to issue notice for final disposal on Page 2 of 10 HC-NIC Page 2 of 10 Created On Sun Aug 13 03:43:28 IST 2017 C/SCA/1434/2017 ORDER returnable date;
(b) to quash and set aside the impugned action and order of the respondentGPSC dtd.512017 as per AnnexureD holding the petitioner as ineligible for the Oral Interview for the post of Research Officer, ClassII with regard to Advertisement No.45/201516 on the ground that the petitioner is not possessing educational qualification as per the Advertisement;
(c) to hold and declare and direct that the petitioner is possessing the educational qualification as required by the Advertisement No.45/201516 dtd.192015 for the post of Research Officer ClassII in Gujarat Statistical Service, Under General Administrative Department at AnnexureA, and on that basis the petitioner is entitled to be selected and appointed on the said post with all the consequential benefits;
(d) PENDING THE HEARING AND FINAL DISPOSAL OF THIS PETITION, BE PLEASED to stay the operation of the impugned action and order of the respondentGPSC dtd. 512017 as per AnnexureD holding the petitioner as ineligible for the Oral Interview for the post of Research Officer, ClassII with regard to Advertisement No.45/201516 on the ground that the petitioner is not possessing educational qualification as per the Advertisement;
(e) PENDING THE HEARING AND FINAL DISPOSAL OF THIS PETITION, BE PLEASED to direct the respondent to hold the petitioner's Oral Interview along with all other candidates as per the Interview Programme declared by GPSC on 712017 as per AnnexureE, subject to further orders of this Hon'ble Court;
(f) PENDING THE HEARING AND FINAL DISPOSAL OF THIS PETITION, BE PLEASED to stay the selection and recruitment process pursuant to the Advertisement No.45/201516 for the post of Research Officer, ClassII;
(g) to grant costs of this petition to the petitioner and to grant any other appropriate and just relief/s;"
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4. This Court has heard learned advocate Mr. Pujara for the petitioner and also learned Assistant Government Pleader Mr. Ronak Raval for respondentState.
5. Admittedly, the advertisement is for the post of Research Officer in the Gujarat Statistical Service, ClassII under the General Administration Department. It is not in dispute that at the time of screening test, no testimonials are examined and only after one clears the screening test, time is given for verification of the documents.
6. In case of the present petitioner also she applied for the post and also appeared for the preliminary examination on 1.5.2016 and her seat No.101002258. She succeeded in the test and was called with others for verification of documents on 5.7.2016. According to the petitioner, her documents were found genuine and were found in order, and therefore, denial of inclusion of her name in the list of Page 4 of 10 HC-NIC Page 4 of 10 Created On Sun Aug 13 03:43:28 IST 2017 C/SCA/1434/2017 ORDER candidates, who were called for interview without availing any opportunity is an act of arbitrariness and the Court must stepin.
7. This Court notices, after considering the detailed submissions and material on record, that no the interference is desirable for the following reasons : 7.1 The advertisement published by the respondent authority as per the recruitment rules calls for direct selection on the post of Research Officer in Gujarat Statistical Service, ClassI,I where the candidates need to possess (1) post graduate degree with second class with Statistics or Applied Statistics or Mathematical Statistics or Economics or Applied Economics or Business Economics or Econometrics or Mathematics as principal subject from any University or deemed university under the University Grants Commission Act, 1956 or (2) degree with second class with 55% marks with aforesaid subjects as Principal subjects. Thus, the requirement is of bachelor's degree or Page 5 of 10 HC-NIC Page 5 of 10 Created On Sun Aug 13 03:43:28 IST 2017 C/SCA/1434/2017 ORDER postgraduate degree of a recognized university in the aforementioned subjects as principal subjects. So far as the petitioner is concerned, she has annexed all her certificates and marksheets as well as the syllabus of the subjects. She has studied B.Com, M.Com., M.Phil courses from Saurashtra University. Her emphasis is that she has actually studied the syllabus in the subjects which are stated in the Recruitment Rules and in the advertisement. She has given details of her subjects of all the three years and her certificates of B.Com 1st to 3rd year so also the subject which she studied in M.Com PartI and PartII so also in M.Phil.
8. Undoubtedly, she has studied the subjects like Business Environment, Statistics, Statistical Analysis, and Marketing Management, Statistical Analysis, Elements of Research and Methodology etc. The emphasis of the part of the petitioner is to compare the syllabus which the petitioner has studied in her B.Com., M.Com., and M.Phil with recruitment rules for Page 6 of 10 HC-NIC Page 6 of 10 Created On Sun Aug 13 03:43:28 IST 2017 C/SCA/1434/2017 ORDER the post of Research Officer to declare that she is satisfying the requirement of educational qualification as stated in the advertisement. It is also her say that GPSC being constitutional body needs to select the best candidates for the public service and, therefore, it needs to take holistic view of the matter and not a pedantic approach and the petitioner, therefore, is required to be held eligible for the post in question.
9. As stated above, in the advertisement issued by the GPSC, requirement of educational qualification of the candidates is extremely clear and unambiguous. It is required of the candidate to posses the post graduate degree with 55% marks with the following subjects and principal subjects; (1) Statistics (2) Applied Statistics (3) Mathematical Statistics (4) Economics (5) Applied Economics (6) Business Economics (7) Econometrics (8) Mathematics 9.1 Likewise, the degree with second class with Page 7 of 10 HC-NIC Page 7 of 10 Created On Sun Aug 13 03:43:28 IST 2017 C/SCA/1434/2017 ORDER 55% in all these principal subjects from any of the Universities established or incorporated by or under the Central or State Act of India or any other educational institution recognized as such or declared as deemed University under section 3 of the University Grants Commission Act is a must.
10. The petitioner may have studied different subjects or some of the subjects while pursuing degree or post graduate degree courses. The degree or post graduate degree is a must in any of those subjects as specified in paragraph 9 as the principal subject. In any of the subjects mentioned hereinabove as the principal subject, if a candidate has a degree or a post graduate degree, as mentioned with requisite marks, he or she, would be eligible. The candidate who otherwise studies the subject either as an additional subject or as part of syllabus of some other Principal subject, he may have the knowledge of the concerned subject, but at the same time, he cannot equate himself with those who have obtained the degree or post graduate Page 8 of 10 HC-NIC Page 8 of 10 Created On Sun Aug 13 03:43:28 IST 2017 C/SCA/1434/2017 ORDER degree with those subjects as the principal subjects. It is a requirement of the rules which is being implemented by the GPSC, and therefore, to insist on the subject studied by the petitioner while obtaining her degree or post graduate degree to be equated with the degree of post graduate degree in a particular subject as required under the rules for the post of Research Officer is absolutely unwarranted.
10.1 It is not the function of the Court to compare or equate the syllabus and give benefit of the recruitment rule to the petitioner.
11. It is for the State to frame the rules and decide as to what would be the requirement for a particular post. If at all the petitioner is of the opinion that the syllabus that she studied or the post graduate degrees that she possessed should be part of the rules, it is a separate challenge which cannot be sustained here. Her insistence on being considered for the said post and being called for interview, cannot be countenanced on interpreting the rules, when the Page 9 of 10 HC-NIC Page 9 of 10 Created On Sun Aug 13 03:43:28 IST 2017 C/SCA/1434/2017 ORDER GPSC has excluded her candidature for her not possessing the right degree as required under the rules, no interference is desirable. The petitioner on her own if is desirous of pursuing the matter at a policy level before the State Government or before the appropriate authority for inclusion of this course for a future date, it is an individual call that she needs to make.
Neither any directions would be necessary nor is it being directed in this petition. The petition is devoid of any merit and the same is rejected in limine.
(MS SONIA GOKANI, J.) SUDHIR Page 10 of 10 HC-NIC Page 10 of 10 Created On Sun Aug 13 03:43:28 IST 2017