THAKKAR DHVNIBEN MUKESHKUMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present writ petition has been filed by the petitioner seeking quashing and setting aside the order dated 18.10.2011 passed by the respondent No.2 - Collector, Banaskantha refusing to approve the appointment of the petitioner and further a prayer is made to direct the respondent No.2 to approve the appointment of the petitioner for the post of Clerk-cum-Computer Operator in Thara Nagarpalika.

(2.) Pursuant to the advertisement issued by the respondent No. 4 - Nagarpalika on 14.10.2009 for inviting the applications for filling up the post of Clerk-cum-Computer Operator, the petitioner applied for the same on 28.10.2009. At the time of giving the application, the petitioner had already appeared in the examination for computer course of CCC but she did not receive the mark-sheet. Subsequently, she received the CCC certificate on 22.04.2010 and immediately, she submitted a copy of the same to the respondent authorities and requested the Chief Officer of the respondent-Nagarpalika with regard to her appointment. Subsequently, the interviews of the candidates were undertaken by the selection committee between 01.07.2010 to 05.07.2010 and the petitioner was also called for the same and she appeared on 03.07.2010.

(3.) Learned advocate Ms.Bhavna Lalwani for learned advocate Ms.Gaytriba Jadeja for the petitioner has vehemently submitted that the impugned action of the District Collector refusing to grant the approval to the appointment to the petitioner to the concerned post is illegal and against the provision of the Recruitment Rules framed by the respondent-Nagarpalika. She has submitted that the petitioner has procured the certificate concerning the computer qualification before the date of interview and as per the provision under Rule 2(2) of the Recruitment Rules, 2008, the concerned candidates can produce the necessary documents, before the interviews are held and hence, the impugned order dated 18.10.2011 passed by the respondent No.2 - Collector, Banaskantha is required to be quashed and set aside.