The central legal point established in the judgment is that the eligibility criteria for a job position must be interpreted in accordance with the Advertisement and Recruitment Rules, and misconceived contentions leading to the rejection of a candidate's candidature should not be upheld.

ORDER :

VIPUL M. PANCHOLI, J.

1. This Appeal is filed under Clause 15 of the Letters Patent challenging an order dated 20.12.2022 rendered by the learned Single Judge of this Court in Special Civil Application No. 14800 of 2021, whereby, the learned Single Judge has allowed the petition filed by the original petitioner.

2. The brief facts leading to filing of the present Appeal are as under:

2.1 It is the case of the petitioner that he had passed M.B.B.S. and D.G.O. (Diploma in Gynaecologist and Obstetrics). The respondent issued an advertisement, being Advertisement No.121/2019-20, for filling-up the post of Gynaecologist (Class-I) in Gujarat Health and Medical Service, for 274 vacancies. Pursuant to the said advertisement, the petitioner submitted an online application on 27.12.2019 along with certificate of experience dated 06.09.2019.

2.2 It is further the case of the petitioner that by notice dated 06.05.2021, the petitioner was selected for document verification and was asked to upload online, the necessary documents/certificates during the period from 13.05.2021 to 24.05.2021. Accordingly, the petitioner uploaded all the relevant documents; more particularly, the Certificate of Experience dated 13.05.2021.

2.3 It is further the case of the petitioner that thereafter vide Notice dated 13.09.2021, the petitioner was declared ineligible for oral interview on the ground that he did not possess the prescribed experience, as per the Recruitment Rules and the provisions of the Advertisement. Thereafter, the petitioner made a representation dated 15.09.2021 to the appellant-original respondent No.1. Thereafter, the petitioner filed the captioned petition in which the petitioner had prayed for the following reliefs :-

“(a) to admit this petition and to allow the same by issuing Notice for Final Disposal on returnable date;

(b) to quash and set aside the impugned decision dated 13.09.2021 as per Annexure-G wrongfully declaring the petitioner as ineligible on the ground that he is not possession the prescribed experience as per the Recruitment Rules and Advertisement.

(c) to direct the respondent to treat the petitioner as eligible for the post of Gynecologist, Class-I pursuant to the Advertisement No.121/2019-20 and to give him appointment as such, with all the consequential benefits as if he was given appointment along with the first candidate of the same recruitment process;

(d) Pending the hearing and final disposal of this petition, be pleased, to stay the further process of recruitment of the posts in question;

(e) Pending the hearing and final disposal of this petition, be pleased to direct the respondents to call the petitioner for Oral Interview along with other candidates, subject to further orders of the Hon’ble Court;”

2.4 The learned Single Judge vide impugned judgment and order dated 20.12.2022 allowed the petition filed by the original petitioner and thereby directed the original respondent to appoint the petitioner on the post of Gynaecologist (Class-I) within stipulated time. The original respondent No. 1 – the present appellant has, therefore, preferred the present Appeal under Clause 15 of the Letters Patent.

3. Heard Mr. R.C. Jani, learned advocate for the appellant-original respondents, Mr. K.B. Pujara, learned advocate for respondent No.1-original petitioner and Mr. Ronak Raval, AGP for the respondent-State.

4. Mr. R.C. Jani, learned advocate appearing for the appellant-original respondents mainly submits that as per the advertisement issued by the appellant-Gujarat Public Service Commission (GPSC), a person having experience of two years in respective subject in the Government Hospital or Hospital owned, manage or controlled by the Non- Government Organization Hospital, or Trust Hospital, is eligible for appointment on the post in question.

5. Learned advocate for the appellant has referred to the Recruitment Rules for the post in question, which was framed on 04.10.2008. It is submitted that the post in question is gover