The court established that candidates must provide clear evidence of relevant experience as per recruitment criteria, and subjective interpretations are not permissible.

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 Aanugree Academy dated 28.09.2020, wherein it is stated that she was working with the said institution from 28.03.2018 till the issuance of the certificate i.e. 28.09.2020.

3. Today, when the matter is taken up for hearing the appellant has tendered an additional affidavit placing further documents, which were not part of the writ petition before the learned Single Judge. It is contended that the Gujarat Public Service Commission, in the earlier and subsequent recruitment process undertaken for various posts, has considered the objections raised by the unsuccessful candidates and after considering the same, their names were also deleted from the list of unsuccessful candidates and subsequently, they were appointed to the respective posts. It is submitted that in the present recruitment process, no such procedure is followed. Thus, it is urged that the present appeals be allowed by quashing and setting aside the impugned action of the respondent authorities as well as the order and judgment passed by the learned Single Judge.

4. Per contra, learned advocate Mr. Chaitanya Joshi appearing for the respondent No. 2 - Gujarat Public Service Commission (GPSC) has submitted that the order passed by the learned Single Judge does not require any interference and the same is appropriate. Learned advocate has asserted before this Court that the appellant does not fulfill the requisite experience, as required under the advertisement. It submitted that in this regard, the GPSC had consulted the State Government however, the State Government has responded that her experience on the post, as mentioned in the certificate, cannot be considered.

5. We have heard learned advocates appearing for the respective parties.

6. The entire case of the appellant hinges on Clause A(B)(iii) of the advertisement. The Gujarat Public Service Commission - respondent No. 2 issued the advertisement dated 09.06.2021 inviting the applications from the candidates for filling up the post of Dowry Prohibition Officer cum Protection Officer, Class-2. The said advertisement specifically contains the following clauses specifying the education qualification experience and the same are as under:

“(A) Educational Qualification and Experience:

(A) A post Graduate Degree in Social Work or Sociology or Psychology obtained from any of the Universities established or incorporated by or under the Central or State Act in India or any other educational institute recognized as such or delcared to be a deemed University under Section 3 of the University Grants Commission Act, 1956; or possess an equivalent qualification recognized by the Government.

(B)......

(i) At least three years’ experience of Social Work or Social Administration in Government or Local Bodies or Government Undertaking Board or Corporation on the