RAJESHKUMAR KANTILAL RAMI Vs. CHAIRMAN, GPSC

JUDGEMENT

(1.) The petitioner has approached this Court challenging the omission on the part of the Gujarat Public Service Commission in not calling him for interview for the post of Assistant Manager, Class-II, Advertisement No. 29 of 2000, on the ground that the petitioner did not possess the prescribed experience.

(2.) The facts, in brief, deserve to be set out as under:

(3.) Shri R.D. Raval, learned advocate appearing for the petitioner, submitted that the petitioner is highly qualified person in the field of Modern Printing Technology and his competence has been acknowledged by all the concern as he is not only appointed as Member Secretary to the Production Committee but has also been, in fact, appointed as Resource Person in imparting training, as could be seen from communications dated 23.9.1999 and 30.9.2000. Shri R.D. Raval, learned advocate appearing for the petitioner, submitted that the petitioner has also, in fact, been appointed as Examiner in Printing and Binding Trade for All India Vocational Examination, vide order dated 14.5.1998. Learned advocate Shri Raval, submitted that the advertisement does not indicate that the candidate has to hold the supervisory post for being eligible for appointment to the post of Assistant Manager Class-II in Government Printing and Stationery Department. Shri Raval, learned advocate, submitted that the post was required to be filled in by way of direct recruitment and eligibility criterion consists of educational qualification and experience. So far as the educational qualification criterion is concerned, the petitioner is absolutely eligible and fulfilling the criterion. However, due to wrong interpretation on the part of the Service Commission, the criterion in respect of experience is found to be lacking. The correct interpretation of 'experience' criterion prescribed in the advertisement dated 15.6.2000 would go to show that holding of any supervisory post by candidate is never essential criterion or requirement and, therefore, the authorities ought not to have insisted upon the petitioner holding supervisory post only. Looking to the certificate issued by the concerned authorities, it can well be said that the petitioner fulfilled the requirement of educational criterion also and, therefore, he ought to have been considered and appointed on the post of Assistant Manager Class-II in Government Printing and Stationery Department.