The exclusive domain of the authority to prescribe stipulations in recruitment advertisements and the limited scope of judicial review in recruitment matters.

ORDER :

1. By way of this petition under Article 226 of the Constitution of India, petitioner has prayed for the following reliefs:-

9. The petitioner respectfully prays that, on the basis of the facts and circumstances as mentioned hereinabove and which may be urged at the time of hearing, the Honourable Court may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction to the respondent authorities and may be pleased to:

(A) Direct the respondent No.1 to consider the case of the petitioner for appointment to the post of Civil Judge pursuant to advertisement at Annexure-A to this petition, and

(B) Declare and hold that the instruction contained at item No. 10(7) of the advertisement, at Annexure-A, so far as it excludes the candidature of the candidates, working in the Courts which are not subordinate to High Court of Gujarat, for recruitment to the post of Civil Judges is concerned the same is contrary to the provisions contained in the Recruitment Rules.

(C) Pending admission and final disposal of this petition, the Honourable Court may be pleased to direct the respondent No.1 to permit the petitioner to participate in all the stages of the recruitment process, pursuant to advertisement at Annexure-A to this petition, and

(D) Award the cost of this petition, and

(E) Grant any other relief or pass any other order which the Honourable Court may consider as just and proper in the facts and circumstances of the case.

2. Background of facts on which present petition is filed is that petitioner is born and brought up in State of Gujarat and had completed her studies in Gujarat. Pursuant to the advertisement published by Rajasthan High Court for recruitment to the post of Civil Judges, petitioner had applied for being considered to the said post and after due process of selection, petitioner actually came to be appointed as Civil Judge, vide appointment order dated 20.9.2021.

3. It is further stated in the petition that post of Civil Judges in the State of Gujarat is under control of respondent No.1 and so far as recruitment of Gujarat State Judicial Service is concerned, same is governed by Gujarat State Judicial Service Rules, 2005. A reference is made to Rule 7(2)(b) of said Rules, an eligibility criteria for appointment for the post of Civil Judge is prescribed and as such, since petitioner is working in the Court in the same cadre of Civil Judge, may be at Rajasthan, is eligible for being considered to the post of Civil Judge. An advertisement came to be issued on 1.2.2022 for recruitment of Civil Judges and in all 219 posts of Civil Judges are sought to be filled in. According to petitioner, eligibility criteria prescribed in the advertisement are being fulfilled by petitioner. As a result of this, petitioner is entitled to participate in the recruitment process. However, on account of one of the stipulations contained in Clause 10(7)(i) in advertisement, petitioner has not been considered eligible since is not working in any Court subordinate to High Court of Gujarat. Since petitioner was desirous of being appointed pursuant to the advertisement, sought permission of Hon’ble Rajasthan High Court to allow her to apply pursuant to the advertisement. But till last date, permission was not received and filling up of online application form was closing on 2.3.2022. But, at the time of filling up of online application form, in anticipation of permission which may be granted by High Court Rajasthan, it was noticed by petitioner that only those candidates/ employees working in the Courts under administrative control of respondent No.1 were eligible for filling up online application forms. Petitioner was not in a position to complete online application form process and as such, a detailed representation was made on 10.3.2022, requesting respondent authority to consider her for appointment to the post of Civil Judge and permit the application form to be filled even in physical mode and it is after that process,