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2018 Supreme(Guj) 168

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
A.S. SUPEHIA, J.
SATHVARA AVANIBEN CHHANABHAI - Petitioner
Versus
DIRECTOR OF EMPLOYMENT AND TRAINING & 2 - Respondent
SPECIAL CIVIL APPLICATION NO.17313 of 2011
Decided On : 22-01-2018

Advocates Appeared:
For the Petitioner:MR KB PUJARA, ADVOCATE.
For the Respondent: MR MM PATEL, MR CHINTAN DAVE, AGP.

Headnote:Constitution of India, 1950 – Article 226 – This present special civil application is filed seeking relief in process of recruitment of supervisor instructor, class-III(computer) – as per the facts of the case state government introduced OMR test in mid of the selection process – court while rejecting this application held that no illegality was made as it was stated in advertisement that necessary changes may be made.

JUDGMENT :

1. In the present writ petition filed under Article 226 of the Constitution of India, the petitioner seeks the quashing and setting aside of the final meritlist of the candidates for the posts of Supervisor Instructor Class III (Computer) published by the respondent authorities on 16.11.2011, pursuant to the advertisement dated 03.08.2011.

2. Petitioner also seeks a direction to the respondent authorities to include her name in the final meritlist of the candidates for the posts of Supervisor Instructor Class III (Computer) published by the respondent authorities on 16.11.2011. Further directions are sought to direct the respondents to hold the recruitment as per the prescribed norms of selection referred to in the advertisement instead of preparing the same only on the basis of the result of OMR Test.

3. The brief factual matrix of the case that emanates from the record is as follows:

4. The petitioner has passed Master of Science (Computer Application and Information Technology) with distinction and Bachelor of Science (Computer Information and Technology) (part of Five Years Integrated Program) from Hemchandracharya North Gujarat University, Patan.

5. The respondents issued advertisement dated 03.08.2011 for recruitment of Supervisor Instructor Class III for about 2639 vacancies inviting online applications from the eligible candidates. The said advertisement is for 16 groups of Supervisor Instruction Class-III. The petitioner submitted online applications for Supervisor Instructor Class-III (Computer) and Supervisor Instructor Class-III (Information Technology). After a certificate dated 16.08.2011 was issued to the petitioner certifying her degree, the respondents accepted the application of the petitioner in physical form for the post of Supervisor Instructor Class-III (Computer) and issued acknowledgment dated 17.08.2011.

6. Thereafter, some candidates, who possessed Degree of Master of Computer Application (M.C.A.), were not held eligible by the respondents, approached this Court and pursuant to the order of this court their applications were ordered to be accepted. Thereupon, the respondents issued another advertisement inviting applications from candidates possessing M.C.A. Degree for Supervisor Instructor ClassIII (Computer). The course of M.C.A. and course of M.Sc. (Computer Application and Information Technology) are equivalent and the syllabus of both the said courses is the same.

7. Since the respondents did not acknowledge the degree of the Post Graduation Qualification of M.Sc. (Information Technology, obtained by the petitioner, she made a representation dated 27.08.2011 to recognize the same.

8. Thereafter, the state government issued Resolution dated 09.09.2011 whereby it was decided to conduct OMR Test for the direct recruitment for the post of Supervisor instructor. The respondent authorities invited objections to the meritlist of the candidates published on the website from 15.09.2011 to 17.09.2011 which also indicated the eligibility of a candidate for the OMR (Optical Mark Reading) Test. When the petitioner tried to obtained Hall Ticket for the OMR Test as required by the respondents, the petitioner could not obtain the same from the website of the respondents. The petitioner, therefore, immediately rushed to the respondents with a letter dated 22.09.2011 and submitted the same to the respondents and requested to make urgent arrangement so that the petitioner may obtain her Hall Ticket for the OMR Test, which was scheduled on 25.09.2011 (Sunday). Since the petitioner could not obtain her Hall Ticket for the OMR Test, she preferred Special Civil Application No.14821 of 2011. The said OMR Test, which was scheduled on 25.09.2011 (Sunday) was postponed as per the advertisement of the respondents published on the website on 23.09.2011. By another advertisement, the OMR Test was scheduled to be held on 08.10.2011.

9. During hearing of the aforesaid writ petition, the respondents produced the relevant Recru




































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