Candidates must comply with recruitment advertisement conditions; failure to produce required documents justifies rejection of candidature.

JUDGMENT :

VAIBHAVI D. NANAVATI, J.

1. Heard Mr. Harshit Karathia, learned advocate appearing for the petitioner, Mr. Manish Patel, learned advocate appearing for the respondent no. 3 and Ms. Pooja Ashar, learned A.G.P. appearing for the respondent no. 1.

2. Issue Rule, returnable forthwith. Ms. Pooja Ashar, learned A.G.P. waives service of Rule for the respondent no. 1 and Mr. Manish Patel, learned advocate waives service of Rule for the respondent no. 3

3. By way of the present petition, the petitioner herein has prayed for the following reliefs:

“(A) Your Lordships may be pleased to issue a writ of mandamus or writ in the nature of mandamus or any other appropriate writ order or direction and be pleased to direct the respondent authorities to consider the petitioner as eligible candidate for the Viva-interview, with respect to the advertisement being Advertisement No. 70/2016-17 published by the Respondent No. 3 authority for filling up the post for Assistant Professor, Class-2, and further be pleased to direct the respondent authority to vacant one post of the SEBC (Common) category, till the final list come out.

(B) Your Lordships may be pleased to direct the respondent authority stay the oral interview as likely to be scheduled for the candidates of the other eligible candidates in all categories, with respect to the advertisement being Advertisement No. 70/2016-17 published by the Respondent No. 3 authority for filling up the post for Assistant Professor, Class-2.

(C) Pending admission, hearing and final disposal of this petition, Your Lordships may be pleased to direct the respondents not to fill up at-least one post at SEBC (Common) category, with respect to the advertisement being Advertisement No. 70/2016-17 published by the Respondent No. 3 authority for filling up the post for Assistant Professor, Class-2, further be pleased to vacant one post of handicapped category with respect to the advertisement being Advertisement No. 70/2016-17 published by the Respondent No. 3 authority for filling up the post for Assistant Professor, Class-2.

(D) Your Lordships may be pleased to grant any other appropriate just and proper reliefs including the cost of this petition.”

4. Briefly stated, the petitioner herein is having the qualification of M.A. in Hindi and subsequently, persuaded the Gujarat State Eligibility Test for lectureship from the Maharaja Sayajirao University, Baroda in the year 2014 in the subject of Hindi whereas, the certificate of State Eligibility Test came to be granted to the petitioner on successfully passing the examination. The said certificate is duly produced at Annexure-A. The respondent no. 3 issued combined advertisement being no. 69/2016-17 to 94/2016-17 for the post of Assistant Professor in the government arts, science and commerce college, GES, Class-II for filling up the total 554 posts in various 26 subjects. Against every subject, the above combined advertisements being nos. 69 to 94 have been mentioned respectively. Moreover, out of those 26 subjects, the advertisement no. 70/2016-17 was published for filling up the posts in the subject of Hindi wherein, total 41 posts were declared to be filled in. For Hindi subject, in total 41 posts out of various categories, prescribed as (1) total 27 seats were kept reserved for general candidates, which included 8 seats for women (2) total 9 seats were kept reserved for Socially and Educationally Backward Class, which included total 3 seats for women (3) total 1 seat was kept reserved for Schedule Caste candidates and (4) total 4 seats were kept reserved for Scheduled Tribes candidates, which included 1 seat for woman. Further, the general instructions followed by essential qualifications and terms of experience required from the proposed candidates, were also prescribed in the said advertisement.

4.1. The petitioner herein has applied with respect to the post of Hindi as mentioned in the advertisement no. 70/2016-17 in Socially and Educationally Backward Class