The main legal point established is that Junior Data Entry Operators possessed administrative experience equivalent to Junior Clerks, making them eligible for consideration to Assistant Manager posts.

ORDER :

1. Heard Mr. Rahul Sharma, learned advocate for the petitioners and Mr. Yogi Gadhia, learned advocate for the respondent. Perused the record.

2. In this petition, under Article 226 of the Constitution of India, the petitioners have prayed for a writ of mandamus to consider Junior Data Entry Operators at par with Junior Clerks for the purposes of having work experience in the field of administration. It is further prayed to declare that the petitioners are eligible for consideration for selection to the posts of Assistant Manager, initiated by Circular dated 26.2.2018 and further direct the respondent that the petitioners be appointed if they qualified at the selection process initiated for appointment to the posts of Assistant Manager

3. The facts in brief would indicate that the five petitioners joined Rajkot Municipal Corporation as Junior Data Entry Operators in the year 1996 and 2000 respectively. All of them are Graduates which is the minimum educational eligibility criteria for consideration of appointment to the posts of Assistant Manager. The petitioners are in the pay scale of Rs.5,200-20,200/- with a grade pay of Rs.2,800/-.

4. On 26.2.2018, the Corporation by a Circular invited applications from eligible personnel working with the Corporation for appointment to the posts of Assistant Manager. The eligibility criteria included a Graduation Degree, a Minimum Experience of ten years in the field of administration in Class-III posts in a minimum pay scale of Rs.5,200-20,200/- with Grade Pay of Rs.1,900/-.

5. The petitioners applied in the year 2018. They were issued call letters. The examinations were subsequently postponed. On the postponed date, the petitioners learnt that their work experience was not considered as a work experience in the administrative field and for this reason, they were not permitted to appear in the examinations. Aggrieved by this, the petitioners filed the present petition.

6. By an interim order dated 06.03.2019, this Court permitted the petitioners to appear in the Written Examinations and passed the following order:

“Heard learned advocate Mr. Rahul Sharma for the petitioners.

2. For the post of Assistant Manager for which the recruitment process is made to be underway by the respondent Municipal Corporation, experience criteria is provided that the candidate must have administrative experience of 10 years. The petitioners herein have been working as Junior Data Entry Operators since last more than 10 years. Their case is that they stand at par in terms with the experience with the Clerks who are treated as possessing administrative experience. According to the petitioners, they also discharge the administrative work and have gained the experience in the field.

2.1 It is the further case that earlier the recruitment process for the very post was cancelled and that at that time petitioners were issued call letters, however when the present recruitment process was started after cancellation of previous one, they are treated ineligible and are not allowed to participate on the ground that they do not possess the requisite experience.

3. The case of the petitioners deserves consideration. Therefore Notice, returnable on 14th March, 2019.

4. It was submitted that the written examination is scheduled to take place on 08th March, 2019. If the petitioners are not allowed to appear in the examination, they would suffer irreparable loss and they would be ousted from their case even without opportunity to contest on merits.

4.1 In this view, it is directed that the petitioners shall be allowed to appear in the ensuing written examination to take place on 08th March, 2019. It is observed that however result of the petitioners shall be kept in sealed cover and shall not be declared. The same shall be produced before the Court for further consideration in sealed cover. It is also clarified that the present order and the factum of petitioners' appearance in the examination shall not create any right or equity