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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Mauna M. Bhatt, J.
Rakeshkumar Dineshbhai Chaudhary – Petitioner
Versus
State Of Gujarat – Respondent
R/Special Civil Application No. 4899 of 2019
Decided On : 29-03-2023
Constitution of India, 1950 – Article 226 – Gujarat Civil Services Classification and Recruitment (General) Rules, 1967 – Technical Examination Board – Efficient discharge of duties – Leads to acquisition of a qualification – Held, Courts are not fit instruments to assess expediency or advisability or utility of such prescription of qualifications – Moreover, at time of document verification petitioner conceded to fact that due to lack of adequate knowledge, he filled wrong details and decision of authority would be binding to him – Therefore, in Court opinion respondent – State is correct in rejecting candidature of petitioner on ground of ‘disqualified as do not fulfill required educational qualification as per Recruitment Rules – Petition dismissed.
JUDGMENT :
1. Rule returnable forthwith. Learned Assistant Government Pleader Mr. Sahil Trivedi waives service of notice of rule on behalf of the respondent – State.
2. This petition under Article 226 of the Constitution of India is filed challenging the action on the part of the State Government in not considering the case of the petitioner for appointment to the post of Wireman, Class-III.
3. The brief facts are that, pursuant to the advertisement dated 26.07.2017, the petitioner herein applied for the post of Wireman. The qualification prescribed in the advertisement to become eligible for the post of Wireman Class-III was “A person having minimum two years certificate course of Wireman or Electrician obtained from any of the Industrial Training Institutes established by the Government”. The petitioner appeared in the examination and secured 65.134 marks. The candidature of the petitioner was rejected on the ground of not possessing the requisite educational qualification prescribed as per the advertisement dated 26.07.2017, aggrieved by which the present petition is filed.
4. Heard learned advocate Mr. T. R. Mishra for the petitioner and learned Assistant Government Pleader Mr. Sahil Trivedi for the respondent – State.
5. Appearing for the petitioner Learned advocate Mr. T. R. Mishra submitted that the petitioner at the time of application was possessing qualification of Diploma in Electrical Engineering. The qualification of diploma in Electrical Engineering being higher qualification, it includes the lower qualification prescribed in the advertisement of Wireman and therefore the decision taken by the respondent State, in rejecting the candidature of the petitioner on the ground of not possessing the requisite qualification is erroneous. The qualification prescribed for the post of wireman, in the advertisement dated 26.07.2017 was “A person having minimum two years certificate course of Wireman or Electrician obtained from any of the Industrial Training Institutes established by the Government”. As the petitioner was possessing Diploma in Electrical Engineering (Need Base) from an institution recognized by state, which is higher qualification, the rejection of candidature is wholly erroneous, because higher qualification presupposes inclusion of lower qualification. He further submitted that the candidates having lesser merits have been appointed and therefore the action of the respondent authorities being illegal deserves to be quashed and set aside. In support of his submissions Mr. Mishra relied upon the decision of the co-ordinate bench of this Court dated 13.12.2022 in the case of Barot Chiragkumar Rameshbhai and Anr V/s Gujarat Panchayat Service Selection Board and Ors, in Special Civil Application No. 459 of 2018.
6. On the other hand, learned Assistant Government Pleader Mr. Sahil Trivedi for the respondent – State relying upon the affidavit, submitted that in the Recruitment Rules, Road and Building Department, Gandhinagar, the eligibility for the post of Wireman, Class-III, is prescribed as under:
(I) Minimum two years certificate course of Wireman or Electrician obtained from any of the Industrial Training Institutes established by the Government;
(II) Possess the basic knowledge of computer application as prescribed in the Gujarat Civil Services Classification and Recruitment (General) Rules, 1967;
(III) Possess adequate knowledge of Gujarat or Hindi or both.”
Therefore, admittedly the petitioner is not possessing the qualification prescribed in the Recruitment Rules for the post of Wireman, Class-III. Learned Assistant Government Pleader further submitted that to be eligible to participate in the recruitment process, the petitioner filled incorrect details in the column of educational qualification of his online application form. Though he was having Diploma in Electrical Engineering, against the column of examination passed by the candidate, he wrote 2-years Electrician Certificate Co
it is the legal or executive policy of the Government to create post or to prescribe the qualification for the post. The Court or Tribunal is devoid of power to give such direction. The relief sought....
R & P Rules for post clearly provide for recognition of qualification and not higher qualification.
It is the legal or executive policy of the Government to create post or to prescribe the qualification for the post. The Court or Tribunal is devoid of power to give such direction.
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