JASMIN M PATEL 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 Concession dated 15th July, 1998, where in, 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 was appointed on ad-hoc basis as per order dated 5.9.1986 issued by the Education Department of the State of Gujarat at Government L.D. Engineering College on the post of Computer Engineer. He was appointed as Computer Programmer and he was posted at L.D. Engineering College, Ahmedabad along with other two persons, who were appointed on the post of lecturer in Class-II, Computer Engineering in the said college. It is the case of the petitioner that though the appointment was purely on ad- hock basis, the petitioner was continued while working on the same post till the petition was filed and even the petitioner is working with the Government on the same post till today. It is the case of the petitioner that he was qualified and his qualification was M.Sc. Physics with First Class and he was also having a certificate in Computer Programming. Pursuant to the advertisement issued by the Commission, the petitioner has applied for the said post as he was possessing the requisite qualifications and prescribed experience. After the petitioner was informed about his rejection for calling for interview, the petitioner has approached the Deputy Secretary of the Commission by making representation on 22.7.1998. It is the case of the petitioner in his representation that he is fulfilling the required qualification as well at prescribed experience as he has passed M.Sc. (Physics) in April, 1984 with 70% from Saurashtra University. He has passed certificate in Computer Programming in October, 1985 with 39% from Gujarat University and Post Graduate Diploma in Computer Application in June, 1996 with 71% from Gujarat I Vidhyapith and he is working as Computer Programmer at L.D. Engineering College since 4.10.1986. After the said representation was made to the Commission, the petitioner was informed by the Commission under letter dated 24.8.1998, wherein, as per the Commission that experience, which the petitioner was holding is only for a period of approximately 9 months and in view of the requirement as per the advertisement, the petitioner is not having requisite experience and accordingly, the request for calling the petitioner for personal interview was not found acceptable to the Commission.

(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-parte relief was granted in favour of the petitioner in view of the order dated 6.11.1998, which read as under :-