JUDGMENT :

N.V. ANJARIA, J.

1. Heard learned advocate Ms. Mamta R. Vyas for the appellant and learned advocate Mr. Premal R. Joshi for the respondents.

2. Learned Single Judge by order dated 27.7.2021 dismissed the Special Civil Application of the applicant-petitioner refusing relief to him to give appointment-promotion on the post of Junior Assistant.

2.1 In the petition, the prayer was made to set aside decision dated 11.1.2021 of the respondent authorities whereby the petitioner was conveyed that since year 2020 was over on 31.12.2020, it was decided not to allot or appoint any candidate against the vacancies which arose subsequently. It is this judgment and order of learned Single Judge that is brought under challenge in this Letters Patent Appeal.

3. The petitioner was appointed as Vidyut Sahayak or Helper in the year 2009 under the respondent Madhya Gujarat Vij Company Limited. The employer company evolved a scheme called Semi Direct Recruitment in order to provide promotional opportunities to the departmental Class-III and Class-IV employees on the post of Junior Assistant. Circular No. 144 dated 16.3.2020 was issued by the Vij company in which it was provided that the employees in Class-III and Class-IV possessing the qualification of graduation and also possessing minimum experience of five years on the date of circular would be eligible to apply.

3.1 It was mentioned that total 10% vacancies in the calendar year was to be filled up through this method. 27 vacancies were available which included 12 unreserved vacancies whereas the rest were to be allotted in reserved category. The method of selection was provided to be written test. The candidate who secured 50% or more were to be considered successful. It was also stated that the appointment will be offered on the basis of the merit of the candidate and that the number of vacancies were subject to 10% ceiling. Condition was also mentioned that, “The selection panel shall remain valid for a period of one year.”

3.2 As per the Circular No. 144 dated 16.3.2020 of the respondent, in the process of conducting the Semi Direct Recruitment, the process in question, last date for making application was prescribed to be 31.3.2020. Because of the situation arising out of pandemic, the time limit was extended for more than one occasion upto 30.6.2020.

3.3 It further appears that the Gujarat Urja Vikas Nigam Limited had issued Circular dated 4.3.2017 applicable to the electricity companies with regard to the undertaking the said process of Semi Direct Recruitment in the cadre of Junior Assistant for Class-III and Class-IV employees. The said circular contained conditions of which the condition No. 1, quoted herein further, inter-alia provided that 5% of total vacancies in calendar year shall be filled up by way of Semi Direct Recruitment.

3.4 The petitioner appeared in the departmental written examination conducted for the purpose on 18.12.2020 and was successful. Result of 149 candidates were declared on 29.12.2020. Name of the petitioner figured at Serial No. 39 with 52% marks. 27 vacancies were filled in by giving appointment to the candidate on 30.12.2020, thereafter 3 candidates named Shri P.N. Makwana, Shri R.V. Katara and Shri R.P. Pateliya, requested for cancellation of their appointment, as a result of which 3 posts fell vacant.

3.5 The petitioner made representation alongwith other two candidates to be considered for the appointment on the vacancies which became available, since the petitioner was in select list. The petitioner’s case was that he was in the selected panel of candidates and in view of availability of vacancy, was entitled to be appointed.

3.6 The claim of the petitioner was contested and sought to be refuted by respondents on the ground of Circular dated 4.3.2017 aforementioned that the vacancies could be filled up in the calendar year only. In the affidavit-in-reply, condition Nos.1 and 4 from said Circular dated 4.3.2017 of the Gujarat Urja Vikas Nigam Limited we