ANILKUMAR HARSURBHAI KHAMBHALIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is filed challenging the action of the respondents in not considering the case of the petitioners for appointment to the post of Police Sub Inspector (Motor Transport), in the recruitment process initiated pursuant to the advertisement dtd. 30/9/2021.

(2.) The facts in brief are as under: - Pursuant to the advertisement dtd. 30/9/2021, all the petitioners applied for the post of Police Sub Inspectors (Motor Transport) and participated in the recruitment process. The preliminary test conducted by respondent No. 2 was cleared and thereafter the petitioners were called upon to take part in Computer Proficiency Examination. It is the case of the petitioners that after clearing Computer Proficiency Examination they were called to participate in the Physical Examination. Despite having cleared the same their names were not included in the select list, aggrieved by their non selection present petition is filed.

(3.) Heard learned advocate Mr. Gaurav Chauhan for the petitioner. He submitted that in the advertisement dtd. 30/9/2021 (Annexure-A), to become eligible for appointment to the post of Police Sub Inspector (Motor Transport), one of the conditions mentioned in the note (5), is that the candidate, at the time of appointment shall possess valid driving license, issued two years prior to drive 'heavy goods' or 'heavy passenger' vehicle. He submitted that this condition is illegal because as the petitioners are freshers, they do not have two years' prior license to drive heavy goods or heavy passenger vehicle. Relying upon the notification issued by the Home Department, Sachivalay Gandhinagar, dtd. 24/6/2015 (Annexure-I), regulating recruitment to the post of Police Sub Inspector (Motor Transport), Class-III, he submitted that in the said notification, the candidate who is to be promoted to the post, is required to possess, at the time of appointment a valid motor driving license issued two years prior, of heavy goods or heavy passenger vehicle.