JUDGMENT :

1. Heard learned advocate Mr. K.B. Pujara for the petitioner and learned Assistant Government Pleader Mr. K.M. Antani for the respondent-State through Video Conference.

2. Rule returnable forthwith. Learned Assistant Government Pleader Mr. Antani waives service of notice of rule on behalf of respondent-State.

3. The petitioner is aggrieved by action of the respondents for not appointing him as Assistant Professor, Mechanical Engineer, Class-II in Government Engineering college, pursuant to advertisement no.48/2013 dated 30.09.2013 though the petitioner was selected by Gujarat Public Service Commission (For short "GPSC") on the ground that the petitioner is not possessing the qualification equivalent to Bachelor of Engineering (Mechanical).

4. The petitioner who belongs to Socially and Educationally Backward Class category is having qualification of Bachelor of Engineering (Mechatronics) and Master of Engineering (Mechanical).

5. GPSC issued advertisement no. 48/2013 dated 30.9.2013 inviting the applications for 103 posts of Assistant Professors, Mechanical Engineering in Gujarat Education Service (Collegiate Branch) Class-II for Government Engineering Colleges.

6. The petitioner passed through the selection process and his name was placed at Serial No.71 in the Final Selection List of 92 candidates published by GPSC on 17.3.2016. GPSC informed the petitioner vide letter dated 31.3.2016 that his name was recommended for appointment to the Education Department of the State Government. Thereafter, the petitioner was called for verification of the documents on 26.4.2016 by call letter dated 16.4.2016.

7. However, thereafter the State Government appointed all other 91 candidates by order dated 8.6.2016 but declined to appoint the petitioner by notification dated 19.7.2016 on the ground that the petitioner is not possessing the Graduation degree in Mechanical Engineering and therefore, he is not possessing the equivalent qualification as stated in Government Resolution dated 28.10.2013. The petitioner therefore, has preferred this petition on 19.8.2016.

8. Learned advocate Mr. K.B. Pujara for the petitioner submitted that the action of the State Government of not appointing the petitioner though selected by GPSC is discriminatory, arbitrary and violative of Articles 14 and 16 of the Constitution of India.

(8.1) Learned advocate Mr. Pujara pointed out that similarly situated other candidate Mr. Raval Samir Kanaiyalal was appointed as Lecturer of Mechanical Engineering in previous recruitment undertaken by way of advertisement no.163/2010 dated 6.2.2010 though the said candidate was possessing qualification of BE (Mechatronics) and ME (Mechanical Engineering) just like the petitioner. Reference was made to the copies of advertisement, mark-sheets and certificates of the said candidate, the selection made by GPSC dated 8.2.2011 and appointment order dated 16.7.2014 issued by the respondents appointing the said candidate.

(8.2) Learned advocate Mr. Pujara further submitted that candidates namely, (i) Mr. Satyam P. Patel (ii) Mr. Kirankumar C. Patel have been appointed as Assistant Professor of Mechanical Engineering by Gujarat Technological University having similar qualifications as that of the petitioner.

(8.3) Learned advocate Mr. Pujara placed reliance upon the decision of Supreme Court in case of State of Andhra Pradesh v. Shaikh Mahibulla Sharief reported in 2017 (5) SCC 237, wherein the Apex Court held that if the Government had considered a particular degree as equivalent to any other degree and permitted the appointment of similarly situated candidate, then another similarly situated candidate cannot be said to be ineligible.

(8.4) Reliance was also placed upon Government Resolution dated 14.6.2016 as well as Government Resolution dated 6.7.2019 to submit that as per Government Resolution dated 14.6.2016, clarification was issued with regard to other equivalent qualifications for recruitment of Assistant Professors in several su