JALAMBHAI RAMABHAI KHANT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is filed challenging the order dtd. 13/6/2014, by which the candidature of the petitioner for the post of electrician has been rejected, on the ground that he does not fulfill the conditions prescribed in the advertisement.

(2.) The facts in brief are that, pursuant to the advertisement issued by respondent No.1-Road & Building, Department, the petitioner applied for the post of electrician. It is case of the petitioner that though he was eligible for the said post, his candidature came to be rejected. The reason given was, despite the application was filled in the category of Ex- serviceman, no such certificate was found at the time of document verification. Thereafter, the petitioner made several correspondences as also filed RTI applications seeking further details. In the various communications, the petitioner was time and again informed that though the application was filed in the category of Ex- serviceman, no such certificate was found during document verification and therefore, the candidature of the petitioner could not be considered. From the documents on record, it is noticed that the candidature of the petitioner was rejected by communication dtd. 13/6/2014. There are several other correspondences, which the petitioner had made with the respondents, however, the last communication was in the year 2019. Under letter dtd. 8/4/2019, the petitioner was once again informed about the rejection of his candidature with the same reason. After 8/4/2019, there is nothing on record whereas this petition is filed in the year 2023. No justification is made in relation to the delay occasioned in preferring present petition.

(3.) Learned advocate Ms. Pooja Chaudhary for learned advocate Mr. Bhargav Mehta for the petitioner submitted that as petitioner was pursuing the matter with the respondents by calling certain details through various RTI applications, no delay has occasioned in preferring this petition. She further submitted that the petitioner applied for the post of helper in the category of electrician and therefore, rejection of candidature of the petitioner is erroneous. Further, the reason for rejection of not having certificate of Ex- serviceman is also erroneous, because the petitioner has applied for the post of helper. She therefore submitted that rejection of candidature of the petitioner is erroneous and this petition may kindly be considered.