TEJASHKUMAR BABULAL PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs:-

(2.) THIS Court vide order dated 2.2.2012 was pleased to issue notice for final disposal and in response to the said order, Ms. Megha Chitaliya, learned AGP appears for respondent No.1 and Mr. D.G. Shukla, learned advocate appears for respondent No.2.

(3.) MR. Majmudar, learned advocate for the petitioner submitted that the petitioner in pursuance of the advertisement No.17 of 2010 dated 1.11.2010 applied as per the requirement of respondent No.2 Commission and that there is no irregularity in the certificates of experience submitted by the petitioner. It is submitted that the experience certificates are as per the requirement of respondent No.2 Commission and are on letterhead of the establishments where the petitioner has worked and where he is still working. It is submitted that the petitioner otherwise fulfills all requirements including educational qualifications and also the experience and therefore, the action of respondent No.2 in not considering the application form of the petitioner is arbitrary and illegal. It is submitted that in fact no opportunity is given to ratify the mistake, if any, neither any query has been raised by respondent No.2 at any time and therefore, the action of respondent No.2 in not permitting the petitioner to appear in the interview is per-se, illegal and one sided and the impugned decision is taken in one sided manner and the same is illegal. It is submitted that even on the ground of principles of quality and justice, respondent No.2 should be directed to consider the case of the petitioner. No further grounds or contentions are raised by the learned advocate for the petitioner.