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3. The petitioner is aggrieved by action of the respondents for not appointing him as Lecturer, Mechanical Engineer, Class-II in Government Polytechnics, pursuant to advertisement dated 30.09.2013 though the petitioner was selected by Gujarat Public Service Commission (For short "GPSC") on the ground that the petitioner is not possessing the qualification equivalent to Bachelor of Engineering (Mechanical).

4. GPSC issued an Advertisement No.80/2013 dated 30-9-2013, inviting applications for 278 posts of Lecturer, Mechanical Engineering, Class-II for Government Polytechnics.

5. Petitioner was possessing Graduation degree in Bachelor of Engineering (Mechatronics) from Hemchandracharya North Gujarat University, Patan, Gujarat and Post Graduate degree of Masters in Technology- Mechanical Engineering from Ganpat University, Mehsana, Gujarat.

8. Subsequent thereto, the petitioner appeared and successfully cleared the preliminary test, held on 07.12.2014.

9. Petitioner submitted all the relevant required documents, including documents relating to educational qualification, C/SCA/20526/2016 CAV JUDGMENT DATED: 25/02/2022 equivalency certificate and experience certificates. The said documents of the petitioner were scrutinized and approved by the GPSC and the final list of candidate eligible for interview was published on 21.01.2016 and amended on 21.03.2016. The petitioner was called for an oral interview on 13.04.2016 by way of call-letter dated 30.03.2016. Petitioner's name was shown at Sr.No.79 in the final select list issued by GPSC. Petitioner was also recommended for appointment to the State Government vide circular dated 29.07.2016. Respondent no.2 herein vide its letter dated 30.08.2016 called upon the petitioner to remain present for clarification of original documents and other procedural formalities.

12. Thereafter, the State Government vide decision dated 9th January, 2017, rejected the appointment of the petitioner.

13. Learned advocate Mr. Sahil Shah for the petitioner submitted that the action of the State Government of not appointing the petitioner though selected by GPSC is discriminatory, arbitrary and violative of Articles 14 and 16 of the Constitution of India.