NIMIT DEEPAK SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition petitioners have prayed that the respondents, more particularly, respondent no.3 be directed to consider them eligible to participate in the recruitment process carried pursuant to the advertisement dated 03.12.2015 where they have applied for the post of Associate Professor in the branch of Instrumentation and Control Engineering in Government Engineering Colleges. 1.1 As such, the petitioners are aggrieved by the list dated 22.03.2017 whereby nearly 11 candidates were declared ineligible, calling them for the purpose of personal interview by way of direct recruitment for the post of Associate Professor in the branch of Instrumentation and Control Engineering, Gujarat Education Service (Collegiate branch) Class I, which includes both the petitioners at serial nos.5 and 10 on the ground that they did not posses requisite experience after obtaining the educational qualification for the post.

(2.) Shri Sahil Shah, learned advocate for the petitioners, submitted that the petitioners posses in all 10 years of experience, which is more than required for the post advertised. However, the advertisement for the recruitment prescribes that the requisite experience would be counted as on the last date of submission of the application to the post, and therefore, according to his submission, respondent no.3 - Commission cannot declare them ineligible for being called for the interview on that ground. Drawing attention of the Court to the Assistant Professor Class I in Engineering Technology, Humanities and Sciences (in different discipline) in the Government Engineering Colleges, Government Polytechnics, Technical Examinations Board and Continuing Education Center Recruitment Rules, 1998 (hereinafter referred to as the 'Rules, 1998') it is submitted that it specifically prescribes 5 years teaching experience or experience in Industry or in Research obtained after acquiring the educational qualification mentioned therein. Therefore, according to his submission wherever the required experience should be after obtaining the qualification, the recruitment rules and recruitment advertisement thereof very specifically mention about the same. He has further submitted that in absence of any such Rules the petitioners cannot be held to be ineligible on the ground that they do not posses required experience after obtaining educational qualification. Drawing attention to the Associate Professor, Class I in Engineering or Technology (in relevant branch) in Government Engineering Colleges Recruitment Rules, 2015 (hereinafter referred to as the 'Rules, 2015'), more particularly, Rule 3(b)(ii), it is submitted that it does not specify that the required experience should be after obtaining the required qualification, and therefore, he has submitted that the action of respondent no.3 - Commission not calling them for the purpose of personal interview on the ground that after obtaining requisite qualification they do not posses enough experience, as required, is bad in law, and therefore, respondent no.3 - Commission be directed to call them for the interview for the post they applied for.

(3.) As against that, Shri Shivang Shukla, learned advocate for respondent no.3, drawing attention to the affidavit-in-reply filed by respondent no.3 - Commission submitted that in view of Rule 8(8) of the Gujarat Civil Services Classification and Recruitment (General) Rules, 1967 (hereinafter referred to as the 'Recruitment (General) Rules'), which applies to all the civil posts in the State makes a provision that,