Gujarat High Court
Prashant Dilipbhai Sachaniya vs State Of Gujarat & 2 on 3 September, 2015
Author: Sonia Gokani
Bench: Sonia Gokani
C/SCA/14251/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 14251 of 2015
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PRASHANT DILIPBHAI SACHANIYA....Petitioner(s)
Versus
STATE OF GUJARAT & 2....Respondent(s)
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Appearance:
MS MAMTA R VYAS, ADVOCATE for the Petitioner(s) No. 1
MR SWAPNESHWAR GAUTAM, ASSISTANT GOVERNMENT PLEADER for
Respondent Nos.1 and 3.
MR PREMAL JOSHI, ADVOCATE for Respondent No.2.
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CORAMHONOURABLE MS JUSTICE SONIA
: GOKANI
Date : 03/09/2015
ORAL ORDER
1. RULE. The formal service of notice of Rule is waived by Shri Swapneshwar Gautam, learned Assistant Government Pleader, on behalf of respondent Nos.1 and 3 and the same is waived by learned counsel Shri Premal Joshi on behalf of respondent No.2GPSC. The Rule is fixed forthwith on consent.
2. The petitioner herein seeks direction to consider the Certificate of Noncreamy Layer as valid and Page 1 of 8 HC-NIC Page 1 of 8 Created On Mon Sep 07 05:26:04 IST 2015 C/SCA/14251/2015 ORDER to call the petitioner for personal interview to be held from September 07, 2015 to September 10, 2015.
3. Pursuant to the advertisement issued by the respondent No.2Gujarat Public Service Commission (hereinafter referred to as 'the respondent GPSC') for the post of lecturer, Gujarat Education Services (College Branch), ClassII in various subjects at the Government Polytechnic, an application came to be made by the petitioner. The petitioner belongs to Other Backward Classes (OBC) category. Pursuant to such application, the written test was held on July 13, 2014 and the result in that respect was declared on December 30, 2014. The petitioner came to be succeeded in the said test and he was thereafter required to furnish his testimonials.
4. It is the case of the petitioner that the non Creamy Layer Certificate which was issued in favour of the petitioner on October 08, 2013 by the respondent No.3Mamlatdar, was misplaced. In view of the same, the petitioner herein made an Page 2 of 8 HC-NIC Page 2 of 8 Created On Mon Sep 07 05:26:04 IST 2015 C/SCA/14251/2015 ORDER application dated January 06, 2015 to the respondent No.3 to issue a duplicate certificate. On verifying the record, it has been confirmed by the respondent No.3 that such certificate was issued in favour of the petitioner on October 08, 2013 vide Registration No.10341/13. It has been further ensured that a request has been made by the petitioner for issuance of the duplicate certificate.
5. The petitioner is aggrieved by the act of the respondentauthority in not treating him eligible for the oral interview. The petitioner on enquiry came to know that his nonproduction of the original certificate in the prescribed format as prescribed in Schedule A had led the respondent GPSC to deny him a place in the oral interview and, therefore, he has approached this Court by way of present petition praying for the following reliefs :
"12(A) Your Lordships may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction Page 3 of 8 HC-NIC Page 3 of 8 Created On Mon Sep 07 05:26:04 IST 2015 C/SCA/14251/2015 ORDER directing the respondents to consider the Certificate of Noncreamy Layer as valid and to call the petitioner for the personal interview to be held from 07.09.2015 to 10.09.2015.
(B) Pending admission, hearing and final disposal of this Writ Petition, Your Lordships may be pleased to direct the respondent authorities to take personal interview of the petitioner for the post of Lecturer in Electronics & Communication to be held from 07.09.2015 to 10.09.2015.
(C) Be pleased to pass such other and further relief as may be deemed fit by Your Lordships in the facts and circumstances of the case and in the interest of justice."
6. This being a fresh matter, bearing in mind the urgency made out by the petitioner, the learned counsel Shri Premal Joshi, who appears for the respondentGPSC, had been requested by the Court to appear for the respondentGPSC. He, accordingly, had taken instructions in the matter and has emphasised that as the noncreamy layer certificate, which is a must as per the advertisement, has not been produced by the Page 4 of 8 HC-NIC Page 4 of 8 Created On Mon Sep 07 05:26:04 IST 2015 C/SCA/14251/2015 ORDER petitioner in the prescribed format in view of the provisions of Government Resolution/ Notification dated February 06, 1996, the petitioner is not eligible. It is the say of the learned counsel Shri Premal Joshi that whatever requires are specified in the advertisement shall have to be fulfilled in stricto senso by each candidate, otherwise it may be very difficult for the respondentGPSC to conduct such examinations.
7. Shri Swapneshwar Gautam, learned Assistant Government Pleader appearing for the respondent Nos.1 and 3, has urged that the petitioner is required to fulfill the requisite conditions. In absence thereof, to insist on being included in the list of candidates for oral interview, is not desirable. It is, therefore, urged that no case is made out by the petitioner.
8. This Court has specifically inquired with Shri Premal Joshi, learned counsel appearing for the respondentGPSC, as to whether the respondent GPSC considers any foul play in the reason put forth by the petitioner for nonproduction of the Page 5 of 8 HC-NIC Page 5 of 8 Created On Mon Sep 07 05:26:04 IST 2015 C/SCA/14251/2015 ORDER noncreamy layer certificate. His answer to such query is not in affirmation. In such view of the matter, as is apparent from the record, the petitioner even prior to the respondentGPSC not including his name in the list of candidates called for oral interview, had already approached the respondent No.3 on January 06, 2015, making it abundantly clear that he has lost his original noncreamy layer certificate. It is pertinent to note that the respondent No.3Mamlatdar in the certificate issued on March 16, 2015, has been categorical that the original certificate was issued in favour of the petitioner on October 08, 2013. The respondent No.3 also clarifies in the said certificate that for the petitioner is not included in the creamy layer for years 201011, 201112 and 201213.
9. Be that as it may, the loss of certificate for any reason cannot be a ground for denying the petitioner his right of appearing in the oral interview. The requirements of the advertisement, in any case, are to be fulfilled by the Page 6 of 8 HC-NIC Page 6 of 8 Created On Mon Sep 07 05:26:04 IST 2015 C/SCA/14251/2015 ORDER petitioner, however, if the certificate is not produced by the petitioner for the reasons beyond the control of the petitioner, it may not be a befitting ground for the petitioner not to be considered for the post, for which he has otherwise succeeded so far. The action of the respondents in not including the name of the petitioner in the list of candidates called for oral interview is held to be unsustainable and the present petition deserves to be allowed.
10. For the foregoing reasons, the present petition succeeds and the same is, accordingly, allowed. The respondent No.2GPSC is directed to include the name of the petitioner in the list of candidates called for oral interview scheduled to be held from September 07, 2015 to September 10, 2015.
The respondent No.3Mamlatdar is directed to issue the certificate to the petitioner in the prescribed proforma within a period of three weeks from today.
Page 7 of 8 HC-NIC Page 7 of 8 Created On Mon Sep 07 05:26:04 IST 2015 C/SCA/14251/2015 ORDER The petitioner shall produce such certificate to be issued by the respondent No.3 before the respondent No.2GPSC within a week from the date of receipt of such certificate. Rule is made absolute accordingly. There shall be, however, no order as to costs. Direct Service is permitted.
(MS SONIA GOKANI, J.) Aakar Page 8 of 8 HC-NIC Page 8 of 8 Created On Mon Sep 07 05:26:04 IST 2015