JUDGMENT :

Bhargav D. Karia, J.

1. Heard learned advocate Mr. P.A. Jadeja for the petitioner, learned advocate Mr. Premal R. Joshi for respondent no. 3 and learned Assistant Government Pleader Mr. K.M. Antani for the respondent-State through Video Conference.

2. Rule returnable forthwith. Learned advocate Mr. Premal Joshi waives service of notice of rule on behalf of respondent no. 3 and learned Assistant Government Pleader Mr. K.M. 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 Polytechnic college, pursuant to advertisement no. 80/2013-2014 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 Mechanical Engineering.

4. Brief facts of the case are that the petitioner possesses degree of Bachelor of Engineering (Second Class) in the branch of Production Engineering and also the degree of Master of Technology (First Class) in the branch of Mechanical Engineering.

5. The Gujarat Public Service Commission (GPSC) respondent no. 3 issued advertisement in September 2013 for recruitment to the post of Lecturer in Government Diploma Engineering Colleges called Polytechnics across the State of Gujarat.

6. As the petitioner was eligible for appointment to the post of Lecturer in the subject of Mechanical Engineering, he applied to the same. The petitioner applied as a reserved category candidate and appeared in the preliminary examination conducted on 7.12.2014 and cleared the same successfully.

7. On 30.3.2015 list of successful candidates for document verification was published, and the petitioner submitted all his documents including mark-sheets showing his educational qualifications and thereafter list of those candidates eligible for personal interview was declared on 21.1.2016.

8. The petitioner remained present for personal interview on 18.5.2016. Thereafter the final result of the interview was declared by GPSC on 17.6.2016 wherein, the name of the Petitioner was also included.

9. On 29.7.2016, the Education Department issued a notification whereby all selected candidates were placed under the Commissioner of Technical Education for the purpose of appointment and posting to concerned colleges. The name of the petitioner reflected at item no. 216 in the said list.

10. The Commissionerate of Technical Education, Gandhinagar had instructed all the selected candidates to remain present for verification of testimonials and filling up forms for Police Verification and medical certificate, for which the petitioner remained present on 1.9.2016 and completed all formalities.

11. Thereafter all selected candidates received orders of appointment but the petitioner was not given the same for which the petitioner made a written representation on 26.11.2016.

12. On 9.1.2017, a notification came to be published cancelling the appointment of the petitioner by the Education Department of the State on the ground that the petitioner does not possess basic degree in Mechanical Engineering branch.

13. The petitioner has therefore, preferred the present petition challenging such action of the respondent authorities.

14. Learned advocate Mr. P.A. Jadeja 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.

14.1. Learned advocate Mr. Jadeja submitted that the petitioner possesses Bachelor's degree in Production Engineering and he possesses Masters degree in Technology with First Class, and therefore, he possesses the required Educational Qualification for being appointed to the post of Lecturer and before issuance of his appointment order, his mark-sheets and testimonials were verified twice by the authorities and at that ti