Point of Law: It is the legal or executive policy of the Government to create post or to prescribe the qualification for the post. The Court or Tribunal is devoid of power to give such direction.

ORDER :

Heard learned advocate Mr.Virat G. Popat for the petitioner, learned Assistant Government Pleader Mr.Dhawan Jayswal for the respondent- State and learned advocate Mr.Dipak R. Dave for the respondent No.2.

1. This Court passed the following order on 27th July, 2021 :

“Heard learned advocate Mr.Virat Popat for the petitioner and learned Assistant Government Pleader Mr.Dhawan Jayswal for the respondent-State through video conference.

1. Learned advocate Mr.Popat seeks permission to delete respondent No.1-State Government. Permission is granted. Cause title be amended accordingly.

2. Learned advocate Mr.Popat submitted that the petitioner is holding the degree of Bachelor of Rural Science. It was submitted that the petitioner applied for the post of Vidyut Sahayak pursuant to the advertisement issued by the respondent No.2 and appeared for computer based test and thereafter the petitioner was called for verification of the documents. The respondent No.2 vide communication dated 8th / 9th April, 2021 disqualified the petitioner on the ground that the petitioner is not holding the qualification as prescribed in the advertisement as petitioner is not holding either degree of full time graduate in course of B.A., B.Com, B.Sc., B.C.A and B.B.A in regular mode from any recognized University duly approved by UGC as the petitioner is holding the degree of BRS.

3. Learned advocate Mr.Popat submitted that the case of the petitioner is similar to that of the decision rendered in case of Pareeliya Bharatbhai Dhudabhai Vs. State of Gujarat in Special Civil Application No.5750 of 2017 and in case of Kantaben Zaverbhai Desai Vs. State of Gujarat and Others in Special Civil Application No.1861 of 2017. It was further submitted that the case of the petitioner can be distinguished with regard to the facts of the case in case of Gujarat Public Service Commission Vs. Dhanjibhai Savjibhai Maru & Anr. rendered in Letters Patent Appeal No.550 of 2013.

4. Considering the above submissions, issue Notice for final disposal, returnable on 17th August, 2021. Direct service is permitted.”

2. When the matter is taken up for hearing today, at the outset, learned advocate for the petitioner submitted that the matter is squarely covered by the decision of this Court in case of Hiteshkumar Vinodchandra Vala and Ors. Vs. Gujarat Urja Vikas Nigam Ltd. and Ors. rendered on 14th June, 2021 in Special Civil Application NO.905 of 2020 as the facts of the case of the present petitioner are identical to that of the petitioners in the said petition. It was therefore submitted that this petition may be disposed of as dismissed as the Co-ordinate Bench of this Court has not interfered with the recruitment procedure with regard to the educational qualification prescribed for the post of Vidyut Sahayak (Junior Assistant) which is challenged by the petitioners in the said petition.

3. In view of the above submissions, it would be necessary to refer to the order passed by the Coordinate Bench of this Court in case of Hiteshkumar Vinodchandra Vala (Supra) which reads as under :

“[1] This petition under Article 226 of the Constitution of India is filed by the petitioners seeing direction to quash and set aside the communication dated 25.11.2019 by which qualification was prescribed for the post of Vidyut Sahayak (Junior Assistant).

[2] It is the case of the petitioners that the petitioners who are having qualification of engineering are barred from participating in the recruitment process to the post of Vidyut Sahayak (Junior Assistant) and therefore, the educational qualification fixed under the impugned communication is not a reasonable criteria to match with the requirement of the post. It is also contended that the petitioners who are having qualification higher than the qualification prescribed cannot be treated ineligible.

[3] As the petitioners are raising common questions and is