Gujarat Public Service Commission vs Neel Rohit Shah

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Guj) 481

VIPUL M. PANCHOLI, HASMUKH D. SUTHAR
Gujarat Public Service Commission – Appellant
Versus
Neel Rohit Shah – Respondent

Advocates:
Advocate Appeared:
For the Appellant : MR RC JANI
For the Respondent: MR KB PUJARA

Judgement Key Points

How to interpret eligibility criteria for a Gynaecologist post in light of Advertisement No.121/2019-20 and the Recruitment Rules of 2008? What is the required scope of "owning" or "controlling" a hospital for eligibility under Rule 4(c)(i) of the Recruitment Rules of 2008? What are the rights of a candidate to be considered eligible when experience certificates from non-government hospitals were accepted for adhoc/contractual appointments?

Key Points: - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!)

How to interpret eligibility criteria for a Gynaecologist post in light of Advertisement No.121/2019-20 and the Recruitment Rules of 2008?

What is the required scope of "owning" or "controlling" a hospital for eligibility under Rule 4(c)(i) of the Recruitment Rules of 2008?

What are the rights of a candidate to be considered eligible when experience certificates from non-government hospitals were accepted for adhoc/contractual appointments?

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 E

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2023 Supreme(Guj) 481

VIPUL M. PANCHOLI, HASMUKH D. SUTHARGujarat Public Service Commission – AppellantVersusNeel Rohit Shah – Respondent

How to interpret eligibility criteria for a Gynaecologist post in light of Advertisement No.121/2019-20 and the Recruitment Rules of 2008?

What is the required scope of "owning" or "controlling" a hospital for eligibility under Rule 4(c)(i) of the Recruitment Rules of 2008?

What are the rights of a candidate to be considered eligible when experience certificates from non-government hospitals were accepted for adhoc/contractual appointments?

VIPUL M. PANCHOLI, HASMUKH D. SUTHAR
Gujarat Public Service Commission – Appellant
Versus
Neel Rohit Shah – Respondent