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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ASHUTOSH SHASTRI, NISHA M. THAKORE, JJ.
Rajnish Mudgal S/o. Sh. Hukam Chand Mudgal - Petitioner
Versus
High Court of Gujarat - Respondent
R/Special Civil Application No. 2135 of 2023
Decided On : 13-03-2023
Eligibility Criteria - District Judge Recruitment - Gujarat State Judicial Service Rules, 2005 - [Article 226] - [Section 5(iv), 5(v), 10(d), 10(m), 10(n), 10(r)] - The court dismissed the petition seeking relief for appointment as District Judge, as the petitioner did not fulfill the eligibility criteria of passing Secondary and Higher Secondary Examinations with Gujarati subject at both stages, as required by the advertisement. The court held that the petitioner's clearance of Gujarati subject at a later point did not meet the eligibility criteria, and the decision of the Selection Committee was not erroneous. The court emphasized that it cannot rewrite the terms of recruitment and cannot issue directions contrary to the eligibility requirements under the applicable terms.
Fact of the Case:
The petitioner sought relief for appointment as District Judge, claiming to fulfill the eligibility criteria, but was declared disqualified for not possessing the required certificates of SSC and HSC with Gujarati subject at both stages. The petitioner's grievance was based on the equivalence of his qualifications from the National Institute of Open Schooling to the required certificates.
Finding of the Court:
The court found that the petitioner did not fulfill the eligibility criteria as per the advertisement, and the decision of the Selection Committee was not erroneous. The court emphasized that it cannot rewrite the terms of recruitment and cannot issue directions contrary to the eligibility requirements under the applicable terms.
Issues: The main issue was whether the petitioner fulfilled the eligibility criteria for appointment as District Judge, specifically regarding the requirement of passing Secondary and Higher Secondary Examinations with Gujarati subject at both stages.
Ratio Decidendi: The court held that the petitioner's clearance of Gujarati subject at a later point did not meet the eligibility criteria, and the decision of the Selection Committee was not erroneous. The court emphasized that it cannot rewrite the terms of recruitment and cannot issue directions contrary to the eligibility requirements under the applicable terms.
Final Decision: The petition was dismissed with costs, as the petitioner did not fulfill the eligibility criteria and the court found no irregularity or illegality in the matter.
ORDER :
Ashutosh Shastri, J.
1. By way of this petition under Article 226 of the Constitution of India, petitioner has prayed for following reliefs:-
(B) During the pendency and final disposal of the present petition, YOUR LORDSHIPS may be pleased to stay the operation, implementation and execution of the resolution passed by the Hon'ble Committee as mentioned in the RTI reply bearing No. RTI/O.W No. 594/2022 dated 02.11.2022 (Annexure-B);
(C) During the pendency and final disposal of the present petition, YOUR LORDSHIPS may be pleased to direct the Respondents to keep one seat vacant in the cadre of District Judge (Direct Recruitment);
(D) Pass any such other and/or further orders that may be thought just and proper, in the facts and circumstances of the present case.
2. Background of facts which has given rise to present petition is that petitioner was an aspirant for District Judiciary and as such, pursuant to advertisement which has been issued by the High Court of Gujarat, vide notification No.RC/1250/2022 for recruitment to the post of District Judge under direct recruitment to the post of District Judges (25%), he participated in examination since according to petitioner, he was fulfilling the eligibility criteria.
3. Petitioner appeared in preliminary examination and his seat number is 96000589 and he cleared the said preliminary examination. Out of 808 candidates who appeared in the said examination, only 87 candidates were able to clear the said examination and qualified for second stage, i.e. for main written examination. It is the case of petitioner that he also appeared in main examination conducted on 7.8.2022 and out of said 87 candidates, 5 candidates were called for viva-voce round and petitioner is one of those of candidates who qualified for next stage of recruitment, i.e. viva-voce examination. Petitioner appeared in said viva-voce round on 5.9.2022 and according to him, he performed well, but in spite of fulfilling the eligibility criteria, name of petitioner was not included in the final selection list on 19.9.2022 and it is the grievance of petitioner that result qua marks obtained in main as well as viva-voce round was not communicated to petitioner.
4. It is further case of petitioner that result had not been uploaded at OJAS site and as such petitioner telephonically inquired about his score and also requested through email dated 9.10.2022, but respondent No.2 informed the petitioner on 10.10.2022 that request for disclosure of marks could not be acceded to. As a result of this communication, petitioner applied under RTI Act by way of an application on 7.10.2022 for securing information about the marks and reasons for non-selection, but then reply was received under RTI by petitioner on 2.11.2022 informing that Hon’ble Committee resolved that petitioner does not possess prescribed certificates of SSC and HSC with Gujarati (Higher Level) subject at both stages and as such, candidature of petitioner was rejected since petitioner was disqualified from recruitment process and it was also indicated that Hon’ble Committee has resolved not to publish marks of petitioner and as such information sought by petitioner was not made available.
5. It has been further stated by petitioner that he has already passed Secondary School Examination in April 2016 and Higher Secondary School Examination in October 2020 with subject of Gujarat from National Institute of Open Schooling, an Institute under Ministry of Human Development (MHRD), Government of India and same was equivalent to certi
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