DILIP A SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner had approached this court for seeking relief for quashing and setting aside the letter of GPSC dated 15.7.1998 rejecting the application of the petitioner for the post of Computer Programmer by which the Gujarat Public Service Commission had not considered the petitioner for interview to the post of Programmer (Computer) and Government Polytechnic in GES Class-II Advertisement No. 2 of 1997 on the ground that the petitioner is not possessing the prescribed educational qualification and also prayed that the GPSC be directed to call the petitioner for the interview for the post of Computer Programmer along with other eligible candidate, ignoring rejection letter dated 15.7.1998 and further prayed by way of direction that the respondent Government to consider the application of the petitioner along with other eligible candidate and the services rendered by the petitioner be regularized as Computer Programmer. By way of interim rclicfr the petitioner has prayed that the respondent authority be directed to call the petitioner for interview for the post of computer programmer along with candidates ignoring the rejection letter dated 15.7.1998 and in the alternatively, the petitioner has prayed that to direct the respondent authorities not to proceed further with the selection process pursuant to the advertisement published on 17.5.1997 for the post of Computer Programmer without taking interview of the petitioner on the basis of the new recruitment rules on the post of computer programmer for Government Polytechnic.

(2.) The petitioner has annexed the advertisement, issued in public news paper "Fulchhab" dated 6.12.1988 for about 7 posts in the pay scale of Rs.2200-4000, for which, the last date for submitting the application was fixed 26.12.1988. The petitioner has pursuant to that advertisement made application and he was appointed as per order dated 29th March, 1989 along with other 3 candidates purely on ad-hoc basis The petitioner was found in the said list at Sr. No. 3 and he was appointed on the post of Computer Programmer and posted at A.V. Parekh Technical Institute, Rajkot. It is an admitted fact that by virtue of adhoc appointment made by the authority, the petitioner is continued on the said poet. It it the case of the petitioner that he was, having qualification of B.E. (Mechanical) and alto having experience of 1 year of computer programming or training. After he was appointed as Computer Programmer in A.V. Parekh Technical Institute at Rajkot, the petitioner was transferred to Government Polytechnic for /Girls at Surat in July. 1992 and till the petition was filed, he was working at Surat.

(3.) As per the earlier appointment on ad-hoc basis, the petitioner was continued on the said post and even till today he is holding the said post. Pursuant to the advertisement issued by the GPSC on 15th July, 1997, the petitioner has applied for the said post namely for Computer Programmer. However, the GPSC has as per communication dated 15th July, 1998 has informed the petitioner that application of the petitioner for Programmer (Computers) in Gujarat Educational Service class-II as per advertisement. No 2/97, the commission has considered the said application and found that the petitioner is not selected for interview as the petitioner us not having the prescribed age limit and further the petitioner is not possessing the prescribed educational qualification The petitioner hab accordingly, challenged the said decision of the GPSC dated 15th July, 1998 by filing this petition