MULABHAI HARCHANDJI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr. Maulik G. Nanavati, learned Assistant Government Pleader waives service of notice of Rule for respondent No. 1. Mr. D. G. Shukla, learned Counsel waives service of notice of Rule on behalf of respondent No. 2. On the facts and in the circumstances of the case and with the consent of the learned Counsel for the respective parties, the petition is being heard and finally decided today.

(2.) This petition under Art. 226 of the Constitution of India has been filed with a prayer to issue a writ of mandamus or an appropriate writ or direction, quashing and setting aside the impugned order dated 27-10-2010 (Annexure-D) issued by respondent No. 2, whereby the petitioner has been debarred from participating in the interview for the post of Deputy Director (Class-I), Tribal Development Department, Government of Gujarat, on the ground that he does not hold the requisite experience, as prescribed by the Rules. There is a further prayer to direct respondent No. 2 to issue a call letter to the petitioner for participation in the interview for the said post.

(3.) Briefly stated, the relevant facts of the case are that, advertisement No. 164 of 2006-2007 dated 15-8-2006, was issued by respondent No. 2-Gujarat Public Service Commission ("G.P.S.C", for short), inviting applications for the post of Deputy Director (Class-I), Tribal Development Department from amongst the candidates possessing the requisite eligibility criteria as stipulated. Two posts were advertised, out of which one post was reserved for a candidate belonging to the Schedule Caste Category and the other post was meant for a candidate belonging to the Unreserved (General) Category. The petitioner belongs to the Socially and Educationally Backward Class (S.E.B.C.) Category. He submitted his application, along with copies of certificates regarding his educational qualifications and other credentials, and was permitted to appear in the Preliminary Test conducted by respondent No. 2, on 29-11-2008. The petitioner cleared the said Preliminary Test with the requisite qualifying norms, but as according to the G.P.S.C, he did not possess the required experience for the post, he was not called for the personal interview which was to be held on 15-3-2011. The said decision was conveyed to the petitioner by the impugned communication dated 27-10-2010. Aggrieved thereby, the petitioner has approached this Court by filing this petition.