PRAJAPATI SHRADHDHABEN DASHRATBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is filed by the petitioner under Article 226 of the Constitution of India seeking direction to the respondent No.2-Hemchandracharya North Gujarat University (for short "the university") to permit the petitioner to join service as per the Appointment Order No.69 of 2020 dated 20.03.2020 issued in favour of the petitioner for the post of Junior Clerk pursuant to the Advertisement No. 25 of 2017.

(2.) Learned advocate Mr. Shakti Jadeja appearing for the petitioner submits that after undergoing the due process of selection, the petitioner was duly selected and was also appointed as such in the respective reserved category for which the petitioner had applied. However, when the petitioner had approached the university for resuming on her post, she was not permitted to take charge and was instead communicated that the petitioner had failed to produce Non-Creamy Layer Certificate and therefore, she was not treated as duly appointed Junior Clerk. In this connection, the communication was issued on 18.05.2020 which the petitioner has brought on record by way of amendment which was allowed vide order dated 24.6.2020. Learned advocate for the petitioner submits that the petitioner has stated on affidavit that even at the time of filling of the application, the petitioner had submitted the said certificate of Non-Creamy Layer and that when the aspect of not producing the Non-Creamy Layer was brought to the notice of the petitioner, immediately the petitioner made an application and submitted such certificate and in such application it was mentioned categorically that the petitioner at the relevant time had also submitted such certificate.

(3.) As against this, learned advocate Mr. Siddharth Dave appearing for the respondent No.2 asserts that the only reason for not permitting the petitioner to resume on the post is reflected in communication dated 18.05.2020 and certificate of Non-Creamy Layer is an essential document as the petitioner is claiming appointment on reserved post and therefore, non supply of such certificate would be fatal to the appointment. Learned advocate submitted that perhaps as on date, certain seats are still vacant to the post of Junior Clerk as some of the selected candidates have not joined.