CHETANDAN DHIRAJBHAI GADHAVI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD the learned advocates appearing for the respective parties.

(2.) SHORT facts of the present case are that the petitioners are HSC, PTC and C. P. Ed. Passed and completed two years' experience of primary education and have also cleared the PTC examination. Both the petitioners are members of socially and educationally backward community. On 25. 1. 2006, an advertisement was published in Kachchh Mitra, a local daily newspaper of Kachchh district inviting application within 10 days from the date of publication of the advertisement from the suitable candidates for the appointment on the post of Vidhya Sahayak.

(3.) ON 3. 2. 2007, pursuant to the said advertisement, petitioners applied. As per the requirement of the said advertisement, petitioners submitted the original certificate of their qualification along with the application. According to the petitioners, they are unemployed and enrolled their names in the Employment Exchange at Patan. The respondent No. 2 received the petitioners' name from Employment Exchange, Patan pursuant to the circular dated 14. 6. 2006 issued by respondent No. 1 in consonance with the provisions of Section 4 of the Employment Exchange (Compulsory Notification of Vacancies) Act,1959. (herein after referred to as "the Act") On 3. 2. 2007, respondent No. 2 called for the names of qualified persons from Employment Exchange, Patan vide communication to conduct recruitment process in time. On 9. 2. 2007, after receiving the names of the petitioners from the Employment Exchange, respondent No. 2 called upon the petitioners to make an application in prescribed format on 19. 2. 2007 during 10. 30 AM to 6. 10 pm. with the original qualification certificates and a photo copy of the same along with the application. According to petitioners, this communication was served upon the petitioners at 4. 30 pm on 17. 2. 2007. The petitioners was asked by respondent No. 2 to tender the application along with original certificate on 19. 2. 2007. According to petitioners, both remained present before the respondent No. 2 with an application in prescribed format and photo copy of the qualification certificate. The petitioners appraised respondent No. 2 about the fact that the original certificates were lying with Kachchh District Panchayat at that time the petitioners may, therefore, be permitted to tender the application with photo copies of the qualification certificates. A request was made by petitioners to respondent No. 2 that they will be able to produce the original qualification certificates at the time of oral interview. The oral interview held on 6. 3. 2007 and 7. 3. 2007. The respondent No. 2 has refused to accept the petitioners' application on 19. 2. 2007 and photo copy of the qualification certificates. No doubt, these facts have been narrated in the register of respondent No. 2. The petitioner Shri Chetandan Dhirajbhai Ghadavi has filed SCA No. 5187 of 2007 before this Court wherein this Court has directed to the respondent No. 2 to consider the case of petitioner by an order dated 26. 2. 2007. In respect to another petitioner, no petition is filed by him before this Court and, therefore, after the rejection of application on 19. 2. 2007, directly this petition is filed in the month of March,2007. Other petitioner has made representation on 1. 3. 2007 which has been rejected on the same ground. In pursuance to the order passed by this Court as referred above representation was made by petitioner on 28. 2. 2007 which was rejected by the respondent No. 2 on 12. 3. 2007 on the ground that application cannot be accepted after the period is over as prescribed under the Rules. There is no provision to accept such application.