MAMTA A GHODASARA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr.Pranav Trivedi, learned Assistant Government Pleader, waives service of notice of Rule on behalf of respondents Nos.1 and 2. Mr.D.G.Shukla, learned advocate, waives service of notice of Rule on behalf of respondent No.3. On the facts and in the circumstances of the case, and with the consent of the learned advocates for the respective parties, the petition has been heard and finally decided.

(2.) The petitioners have preferred this petition under Article 226 of the Constitution of India, interalia, with a prayer to direct the respondents to allow them to appear in the Main Examination of the Combined Competitive Examination for the posts of Assistant Conservator of Forests, Class-II and Range Forest Officer, Class-II, to be held by the respondents, pursuant to Advertisement No.209/09-10, dated 01.03.2010. Further, the petitioners have challenged the impugned decision of the respondent-Gujarat Public Service Commission and the State Government to the effect that as per the Recruitment Rules, candidates possessing the qualification of B.Sc. (Microbiology) are not eligible for selection and appointment to the posts of Assistant Conservator of Forests and Range Forest Officer.

(3.) Briefly stated, the case of the petitioners is that they have qualified the Bachelor of Science Examination (B.Sc.) with Microbiology as the special or principal subject, and have also studied the subjects of Chemistry, Physics, Botany, Zoology, during their Graduation, making them eligible and qualified to be selected and appointed as Assistant Conservator of Forests, Class-II, and Range Forest Officer, Class-II ( ACF and RFO for short) in the Forest and Environment Department of the State. Respondent No.3 Gujarat Public Service Commission ( GPSC for short) issued advertisement No.209/09-10 dated 01.03.2010, inviting applications for the posts of Assistant Conservator of Forests, Class-II and Range Forest Officer, Class-II. Forty seven vacant posts were advertised in the cadre of ACF and 120 in that of RFO. The total number of vacancies advertised are, thus, 167. According to the petitioners, they are eligible and qualified for the said posts and have applied in response to the said advertisement. The GPSC issued letters dated 05.05.2010 to the petitioners, permitting them to appear in the Preliminary Examination held on 30.05.2010. The result of the Preliminary Examination was declared on 07.08.2010, and the petitioners have been included in the list of 2842 successful candidates. Having been declared successful in the Preliminary Examination, the petitioners were to appear in the Main Examination. It is the case of the petitioners that after the result of the Preliminary Examination was declared, they orally learnt from the respondents that candidates possessing the degree of B.Sc. with Microbiology as a special/ principal subject were not going to be considered as being eligible for the Main Examination. The petitioner No.1, therefore, asked for specific information in this regard, under the Right to Information Act, 2005, by letter date 21.10.2010. Vide communication dated 19.11.2010, the GPSC has replied that B.Sc. Microbiology has not been included in the subjects of Bachelor of Science in the Recruitment Rules, and the State Government has not issued any Notification treating B.Sc. (Microbiology) as an equivalent qualification. In the meantime, petitioner No.1 had addressed a detailed representation dated 23.10.2010 to the Hon'ble Chief Minister in this regard, with a copy to the Principal Chief Conservator of Forests (respondent No.2), being the head of the respondent-Department. After receipt thereof, respondent No.2 addressed letter dated 10.11.2010 to the State Government, wherein it has been stated that all Graduates in Science with any special / principal subject should be permitted to appear in the Main Examination. It is further stated that the decision whether the subject of Microbiology should be considered as equivalent to the subjects stated in the Recruitment Rules, is to be taken by the State Government. Respondent No.2 has, however, expressed his opinion that the petitioners should be permitted to appear in the Main Examination. The grievance of the petitioners is that though they have graduated in the Science stream and have studied the subjects of Chemistry, Physics, Botany, and Zoology during their Graduation, with Microbiology as their special/ principal subject, and in spite of an explicit representation having been made in this regard, the State Government has not issued any clarification, Notification or instructions, treating Microbiology as an equivalent subject to the other subjects mentioned in the Recruitment Rules. According to the petitioners, they are likely to suffer serious prejudice as the GPSC shall proceed to hold the Main Examinations in which the petitioners would not be permitted to participate, therefore, they have approached this Court by preferring the present petition.