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A. S. SUPEHIA, MAUNA M. BHATT
VIMALA KUMARI BALVIR SINGH POONIYA – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
1. The present appeal being Letters Patent Appeal No. 549 of 2024 filed under Clause 15 of the Letters Patent is directed against the judgment and order dated 18.01.2024 passed in the captioned writ petition being Special Civil Application No. 9365 of 2021, whereby the learned Single Judge has rejected the writ petition.
2. Learned Senior Advocate Mr. Gautam Joshi has submitted that the learned Single Judge has fallen in error in rejecting the writ petition by not appreciating the certificates, which were produced by the appellant along with the application pertaining to her experience. Learned Senior Advocate Mr. Joshi has invited attention of this Court to Clause A(B)(iii) of the advertisement and has submitted that in fact the appellant satisfies 3 years experience as she has worked on a post, which is connected with Social Service in Private Sector. In order to support his contention, he has pointed out the certificate at Page No. 38 issued by Micro Housing Finance Corporation Limited for the period from 16.05.2016 to 10.11.2017, wherein the appellant has worked as Management Trainee/Executive - Grade-B. He has also pointed out the certificate at Page No. 39 issued by Aan
The court established that candidates must provide clear evidence of relevant experience as per recruitment criteria, and subjective interpretations are not permissible.
The judgment emphasizes that documents produced by a candidate should speak for themselves and rejects the claim of breach of Article 14, stating that a writ cannot be sought to direct the State Auth....
The court held that procedural strictness in recruitment must be balanced with fairness, allowing exceptions for valid experience certificates issued by authorized personnel even if not counter signe....
The court established that the validity of experience certificates is determined by the actual experience possessed by the candidate, rather than the authority issuing the certificate, thereby priori....
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 misconceive....
The court upheld that experience in non-Government entities does not qualify candidates for government positions as defined under applicable service rules.
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