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2022 Supreme(Guj) 59

BIREN VAISHNAV
Pritesh Kiritbhai Upadhyay – Appellant
Versus
Gujarat State Electricity Corporation Limited – Respondent


Advocate Appeared:
For the Appellant :Y.J. Patel, Advocate
For the Respondent:Hem Dave, Advocate for Dipak R. Dave, Advocates

JUDGMENT :

BIREN VAISHNAV, J.

1. Heard Mr. Y.J. Patel learned advocate for the petitioner and Mr. Hem Dave learned advocate for Mr. Dipak Dave learned advocate for the respondent.

2. The prayer in this petition is that a writ of mandamus be issued directing to the Corporation to consider the degree of Bachelor in Engineering as a higher qualification in the same channel and therefore treated the petitioner to be entitled for the post of Instrument Mechanic (Class-III) in the respondent Gujarat State Electricity Corporation Limited.

3. Facts in brief would indicate that the respondent Corporation advertised on 30.12.2020 for the post of Instrument Mechanic. The advertisement specifically stated that the qualification would be "Full Time Diploma Instrumentation". The advertisement further stipulated that B.E./B.Tech. degree holders being overqualified need not apply. The petitioner filled in his online application which had the option only to show his diploma qualification. The case of the petitioner is that he not only is a diploma holder, but also a degree holder. Therefore, possessing the higher qualification in the same line/channel, his candidature for appointment of Instrumentation

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