The denial of opportunity to the petitioner was violative of Article 14 and 16 of the Constitution, and the distinction between eligibility and suitability was emphasized by the court.

JUDGMENT

Bharati H. Dangre, J. - By the present Writ Petition, the petitioner question the rejection of her candidature to the post of Tutor at the hands of Goa Public Service Commission (GPSC), the respondent No.2 to the petition. She seek a declaration that she is qualified to be selected to the post of Tutor in terms of the advertisement issued by the GPSC inviting applications for the said post.

A Writ of certiorari is also sought to quash aside the recommendation of respondents no. 4 and 5 to the post of Tutor by bypassing the petitioner, as illegal and bad in law. A Writ of Mandamus is sought against the respondents to accept her candidature for the post of Tutor and issue an appointment order in her favour for the said post.

2. In pursuance to the notice issued, the respondents came to be served. By order dated 01.12.2020, on prima facie consideration of the matter, the respondents were restrained from issuing any appointment orders to respondents nos. 4 and 5 till the next date. On the respondents being served, on 11.01.2021, the matter was directed to be listed on 18.01.2021 for final disposal. Accordingly, we have heard the learned Counsel Mr. G. Agni for the petitioner, Mr. D. Pangam, the learned Advocate General with Ms. Ankita Kamat, learned Addl. Government Advocate for the respondent nos.1 and 3, Mr. D. Lawande with Mr. P. Dangui and Mr. J. Mathew, Advocates for the respondent no.2. Though the respondent nos. 4 and 5 were served, they did not put in any appearance, albeit the notice of final disposal.

3. On 08.05.2020, the GPSC issued advertisement no.4/2020 inviting applications for distinct post enumerated therein. This included the post within the purview of Director of Health Services and applications for the post of Tutor in the Institute of Nursing Education were also invited. 19 posts of Tutor came to be advertised which covered 2 posts reserved for schedule tribes, 5 posts reserved for other backward classes and remaining 12 posts to be filled in from open category.

The advertisement prescribed the educational and other qualification in the following manner:-

Essential:-

I. Master degree in Nursing from recognized University and if a candidate with masters Degree in Nursing is not available, Bachelor of Science in Nursing/Post Basic Bachelor of Science in Nursing from a recognized University with three years of experience, out of which, one year should be teaching experience in School/college of Nursing.

II. Knowledge of Konkani

Desirable :- knowledge of Marathi.

4. On the said advertisement being published, the candidate preferred applications for the said post which included the petitioner who was serving as Clinical Instructor on contract basis with the Institute of Nursing Education, Bambolim, Goa. She possess a Postgraduate degree in Master's of Nursing Education from Bharati Vidyapeth, Deemed University Pune. She was awarded a certificate of experience as a Clinical Instructor from 08.09.2014 till 30.05.2020.

5. The eligibility criteria prescribed in the advertisement was the one prescribed in the Recruitment Rules framed by the Government of Goa in exercise of powers conferred under Article 309 of the Constitution and is contained in the Rules known as "Government of Goa, Institute of Nursing Services, Directorate of Health Services General Services G.P. A-B Recruitment Rules 2020. "Tutor" is one of the post which form part of the said Rules. The qualifications for the said post are set out as under:

'Essential:

(1) Master's Degree in Nursing from a recognized University and if a candidate with Master's Degree is not available, Bachelor of Science in Nursing/Post Basic Bachelor of Science in Nursing from a recognized University, with three years of experience, out of which, one yea should be teaching experience in School/College of Nursing.'

6. The respondent no. 2 has formulated guidelines in the form of instructions to the candidates and has fixed a criteria for shortlisting of candidates in appropriate ca