ROHIT G VYAS Vs. GUJARAT PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) The petitioner had approached this court for seeking relief for quashing and setting aside the letter issued by the Gujarat Public Service Commission dated 13th July, 1998, wherein, the 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 qualification and not possessing the prescribed experience and by way of interim relief, the petitioner has prayed that the GPSC be directed to call the petitioner for interview for the post of Computer Programmer pursuant to the advertisement No. 2 of 1997 alongwith other eligible candidates.

(2.) It is the case of the petitioner that the petitioner passed Post Graduate Diploma in EDP (Electronic Data Processing) and Computer Operator in the year 1993 and he is working as System Software Operator at the L.D. Engineering College, Ahmedabad and doing the work of computer programming. The petitioner was also appointed on ad-hoc basis on the post of Programmer (Computer) after due process of selection. When the applications were invited by the GPSC, the petitioner has applied for the said post and it is the case of the petitioner that GPSC has, without any application of mind, has not found in favour petitioner on the grounds mentioned in the letter dated 1.5th July, 1998. The petitioner has in support of his case annexed the certificate issued by the Professor attached to L.D. College of Engineering Ahmedabad dated 31.8.1798, wherein, the petitioner was certified that petitioner has worked with college for different period and while working as System Software Operator, he was also assigned the work of Computer Programming. The petitioner has made representation to the GPSC after he has received a letter from the GPSC on 13th July, 1998 as per representation dated 23rd July, 1998 in detail. This representation is at Annexure - 1 to the petition. The petitioner hat also made another representation on 24.7.1999, which it at Annexure - J to this petition. Dealing with the representation dated 23.7.1998, the GPSC has informed the petitioner vide letter dated 24.8.1998 that the petitioner is only possessing the experience of programming for 2 months and 20 days only, which is not requisite experience prescribed as per the advertisement and a request for demand of oral interview was accordingly not found in favour of the petitioner.

(3.) The petitioner has approached this Hon'ble Court and the learned Single Judge had as per order dated 6.11.1998 issued Rule and the notice as to interim relief was made returnable by 13.11.1998. The ex part, relief was granted in favour of the petitioner in view of the order dated 6.11.1998, which read as under :- "Rule. Notice as to interim relief returnable by 13th November, 1998. In the meanwhile, it is ordered that the petitioner's candidature for the post of Computer Programmer may be provisionally considered as and when selection for the aforesaid post is held in pursuance of the Advertisement No. 2/97 published in daily newspaper dated May 17, 7,9.97 and the consideration of petitioner's candidature shall not be excluded at the time of holding interviews on the alleged ground contained in the communication dated 24th August, 1998 that he has the requisite experience short of one year and the petitioner shall be interviewed alongwith other candidates. The result of petitioner's candidature snail be kept in a separate sealed cover. It will be open for the respondents to apply for vacation or modification of this order even before the returnable datar if they so choose. Direct service permitted."