PARESHDAN JITUDAN GADHAVI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE . Shri Pravna Dave, learned AGP waives service of notice of Rule on behalf of the respondent No.1 and Shri Chhaya, learned Advocate waives service of notice of Rule on behalf of the respondent Nos. 2 to 4. With the consent of the parties, the matter is taken up for final hearing today.

(2.) BY way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for an appropriate writ, direction and order declaring the action of the respondent in not issuing the call letter to the petitioner for appearing in the written examination for the post of Sanitary Sub Inspector scheduled on 20.9.2009 as arbitrary and illegal. Petitioner has also prayed for an appropriate writ, direction and order directing the respondents to permit the petitioner to appear in the written examination for the post of Sanitary Sub Inspector scheduled on 20.9.2009.

(3.) IT is the case on behalf of the petitioner that pursuant to the advertisement issued by the respondent No.2 Rajkot Municipal Corporation inviting the applications for the post of Sanitary Sub Inspector. The petitioner has submitted the application along with he bonafide certificate dated 5.6.2008 issued by the College i.e. All India Institute of Local Self Government, Rajkot certifying that the petitioner is a bonafide student of the said institution for Sanitary Inspector Diploma Course and has appeared in the final examination held in the month of January, 2008 and that result is awaited. It is the case on behalf of the petitioner that before the date for scrutiny of the applications the result was declared and petitioner obtained the mark -sheet and submitted the same by giving an application on 12.8.2008 which was given inward number by the concerned respondent i.e. 852 dated 12.8.2008, whereby the petitioner submitted the result/ mark sheet. That the Corporation sent the applications to the respondent No. 5 Deputy Director (Examination) Sardar Patel Institute of Administration for holding the examination, however petitioner did not get call letter from the respondent No.5 for appearing in the written examination for the post of Sanitary Sub Inspector though the respondent No.5 had issued the call letter to other candidates. Therefore, petitioner submitted an application to the Commissioner, Rajkot Municipal Corporation seeking some information and also permitting the petitioner to appear in the examination but there is no reply given by the concerned authority. Hence, the petitioner has preferred the present Special Civil Application under Article 226 of the Constitution of India for an appropriate writ, direction and order directing the respondent to permit the petitioner to appear in the written examination scheduled on 20.9.2009 for the post of Sanitary Sub Inspector.