Experience gained on contractual basis cannot be disregarded in recruitment processes unless explicitly stated, and candidates in the select list have a legitimate expectation of appointment.

JUDGMENT :

(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)

1. The present Letters Patent Appeals filed under Clause 15 of the Letters Patent, 1865 are directed against the order dated 21.03.2022 passed by the learned Single Judge, rejecting the writ petitions filed by the appellants-original petitioners seeking directions on the respondent–Ahmedabad Municipal Corporation to give them appointments on any suitable post as per the advertisement.

BRIEF FACTS:

2. The appellants are working in different departments of the State Government either as contractual employees or fixed pay employees on Government nominated agencies, which are engaged for doing the work of the Government in different departments. Some of the appellants are also working under the respondent–Ahmedabad Municipal Corporation on contractual basis. The respondent-Corporation issued an advertisement dated 31.12.2015, inviting applications for filling-up the posts of Assistant Senior Clerks, Assistant Head Clerks and Office Superintendents. Accordingly, all the appellants filled their online applications for various posts. The recruitment process was not proceeded further in view of some litigation filed before this Court. Ultimately, the appellants filled their applications and they passed the examinations and accordingly, the candidates who have passed the examination were found suitable for 223 posts of Assistant Senior Clerks, 128 posts of Assistant Head Clerks and 115 for the posts of Office Superintendents.

3. All the appellants have succeeded in the recruitment process till the stage of issuance of appointment orders. The respondent - Corporation ultimately on 30.09.2019, appointed only 26 candidates to the post of Assistant Senior Clerks, 42 candidates to the post of Head Clerks and 53 candidates to the post of Office Superintendents by publishing the select list on 30.09.2019. Since the appellants were not offered any appointment, they inquired from the Corporation and on an inquiry, it was found that they were not selected for the reason that they did not satisfy the requisite experience. Hence, they were constrained to file the writ petitions. Before the learned Single Judge, a stand has been taken by the respondent-Corporation that the experience of the appellants on various posts cannot be considered, as they were working on contractual basis on fixed pay. The learned Single Judge has found favour with the reasons assigned by the respondent-Corporation and has rejected the writ petitions.

SUBMISSIONS ON BEHALF OF THE APPELLANTS

4. Learned Senior Advocate Mr. Shalin Mehta with Mr. Vinod M.Gamara, learned advocate for the appellants, has submitted that the advertisement does not refer that the candidate must have the exclusive experience of regular employee, and it does not mention that the experience gained by the employees like the appellants on the contractual or fixed pay posts, cannot be considered. It is submitted that so far as the other requirement of experience in Semi-Government or Government Boards is concerned, no objection has been raised. Learned Senior Advocate Mr. Mehta has referred to the Regulation of the Municipal Corporation governing the appointment to the posts of Senior Clerks, Head Clerks and Office Superintendents being RGN No.494- 2015-16, and submitted that the same also refers to the administrative experience and there is no Rule or Clause which excludes the experience secured by the candidates, who are working on contractual basis.

5. Learned advocate Mr. Vaibhav Vyas appearing for some of the appellants has submitted that all the relevant documents were produced by the appellants at the time of recruitment process and were scrutinized, and ultimately, the names of the appellants figured in the select list, however, the appellants are not selected only for the reason that they are having experience of working on contractual posts. He has submitted that when the applications of the candidates were scrutinized, and they were short listed,