JUDGMENT :

Bhargav D. Karia, J.

1. Heard learned advocate Mr. Sahil M. Shah 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 Lecturer, Mechanical Engineer, Class-II in Government Polytechnics, pursuant to advertisement 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. GPSC issued an Advertisement No. 80/2013 dated 30-9-2013, inviting applications for 278 posts of Lecturer, Mechanical Engineering, Class-II for Government Polytechnics.

5. Petitioner was possessing Graduation degree in Bachelor of Engineering (Mechatronics) from Hemchandracharya North Gujarat University, Patan, Gujarat and Post Graduate degree of Masters in Technology-Mechanical Engineering from Ganpat University, Mehsana, Gujarat.

6. The petitioner submitted an online application form for the post of Lecturer, Mechanical Engineer in Government Polytechnic, in pursuance to the said advertisement dated 30.09.2013. However, since in the application form, only one option i.e. B.E. (Mechanical) was provided in the drop down option of the form, the petitioner mentioned B.E. (Mechanical) as his educational qualification, in the online application form.

7. It is the case of the petitioner that sub-clause (5) of Clause 4 of the said advertisement, which related to educational qualification, provided that if the candidates possess any equivalent qualification, then they would have to provide for the details relied upon by them. Accordingly, petitioner provided the Equivalency Certificate dated 28.08.2009 issued by the Principal of Shri U.V. Patel College of Engineering.

8. Subsequent thereto, the petitioner appeared and successfully cleared the preliminary test, held on 07.12.2014.

9. Petitioner submitted all the relevant required documents, including documents relating to educational qualification, equivalency certificate and experience certificates. The said documents of the petitioner were scrutinized and approved by the GPSC and the final list of candidate eligible for interview was published on 21.01.2016 and amended on 21.03.2016. The petitioner was called for an oral interview on 13.04.2016 by way of call-letter dated 30.03.2016. Petitioner's name was shown at Sr. No. 79 in the final select list issued by GPSC. Petitioner was also recommended for appointment to the State Government vide circular dated 29.07.2016. Respondent no. 2 herein vide its letter dated 30.08.2016 called upon the petitioner to remain present for clarification of original documents and other procedural formalities.

10. The petitioner presented the original certificates and such mark-sheets, which were duly verified.

11. It is the case of the petitioner that at a belated stage and after issuing appointment orders to the balance 270 candidates, the Commissionerate of Technical Education, vide its letter dated 02.12.2016 recommended to the State Government to reject the candidature of the petitioner and two other candidates, on the basis that they did not possess an equivalent degree as per the Government Resolution dated 28.10.2013.

12. Thereafter, the State Government vide decision dated 9th January, 2017, rejected the appointment of the petitioner.

13. Learned advocate Mr. Sahil Shah 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.

14. Learned advocate Mr. Shah submitted that in exactly similar recruitment for the post of Lecturer, Class-II Mechanical Engineer