PRADEEP RASIKLAL PITHADIA Vs. GUJARAT PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) Rule. Learned counsel, Mr.H.A.Dave waives service for the respondent. By consent and joint request of learned counsel, the petitions were heard for final disposal. All the petitioners are stated to have applied for various posts pursuant to advertisements dated 23rd July, 1st September and 1st October 2009, and their applications have been rejected on the ground that the applications were not fulfilling the requirements as prescribed in column 19 of the General Provisions contained in the annexure to office order dated 21.11.2008 of the respondent. That relevant Clause-19 of the office order lays down the conditions, failure in fulfilling which the applications would be liable to be summarily rejected. Having regard to its importance, it is specifically stipulated in the office order dated 21.11.2008 itself that the provisions of Clause-19 shall be printed in bold letters along with advertisement for filling up the posts. That is, however, admittedly not done while issuing the aforesaid advertisements.

(2.) It was submitted on that basis by learned counsel Mr.Pahwa, appearing for the petitioners, that the petitioners, though literate medical practitioners, had understood the requirements in their own way and submitted the necessary testimonials, such as non-creamy layer certificate, according to their understanding. When they learnt that the requirements contained in Clause-19 were stricter and more specific, the petitioners had obtained necessary certificates fulfilling the requirements and submitted such testimonials and certificates to the respondent or have been ready to furnish such certificates; but it would be improper and unfair to deny to the petitioners a chance of being considered for the appointments, if they were otherwise fulfilling all the conditions and requirements.

(3.) In the above facts and circumstances and in view of admitted default of the respondent in not abiding by its own office order dated 21.11.2008, and in view of the fact that the selection process has only commenced with receipt of the application forms, the petitions are partly allowed and the respondents are directed to accept the application forms of the petitioners, as they were originally accepted by the prescribed date and allow the petitioners to fulfill within prescribed time the conditions contained in Clause-19 of the office order dated 21.11.2008 (at Annexure-R/1), subject to which the applications of the petitioners may be considered and included in subsequent selection process. Rule is made absolute accordingly with no order as to costs. Direct service.