ORAL ORDER

1.Heard learned advocate Mr. P.A. Jadeja for the petitioner and learned Assistant Government Pleader Mr. Jayneel Parikh for the respondent no.1.

2.Brief facts of the case are that pursuant to the advertisement dated 16th November, 2016 issued by respondent no.3 – Amreli District Panchayat Service Selection Committee, the petitioner applied for the post of Gram Sevak (Class-3) as the petitioner was possessing qualification of Diploma in Agriculture course from OPJS University, Churu. The petitioner appeared in the written examination and cleared the same and his name was there in the provisional merit list at Serial No.6. The petitioner was thereafter called upon to remain present before respondent no.3 for verification of documents and credentials on 8th March, 2017. However, the name of the petitioner was not there in the Final List of selected candidates because he was not treated eligible on the ground that the Diploma course certificate that the petitioner possessed was from OPJS University Churu, in the State of Rajasthan.

3.Being aggrieved by such action of the respondents authorities, the petitioner has approached this Court by filing this petition.

4.At the outset, learned Assistant Government Pleader Mr. Jayneel Parikh submitted that the petitioner is not entitled to be considered for the post of Gram Sevak (Class-3) pursuant to advertisement dated 16th November, 2016 as the petitioner has passed three years Diploma in Agriculture course from OPJS University Churu. It was submitted that in the petitions filed by similarly situated persons as that of petitioner herein, this Court (Coram : Hon’ble Mr. Justice N.V. Anjaria) by order dated 23rd February, 2018 in Special Civil Application No.6887/2017 and other allied matters, have rejected such petitions by holding that the employer is the ultimate arbiter for judging the qualification held by the candidate and the suitability or acceptability thereof for the purpose of giving appointment and when the respondents authorities came to the conclusion that the petitioners were not eligible for the post of Gram Sevak in question by treating the Diploma in Agriculture conferred by OPJS University to be not acceptable, there was no irrationality or infirmity in such decision. It was submitted that Letters Patent Appeal No.349/2018 and other allied matters filed by the similarly situated persons were also dismissed by the Division Bench of this Court (Coram : Hon’ble Mr. Justice Anant S. Dave [As His Lordship was then] and Hon’ble Mr. Justice Biren Vaishnav) vide order dated 11th May, 2018 confirming and upholding the judgment and order of the learned Single Judge. It was therefore, submitted that similar order be passed in this case also.

5.On the other hand, learned advocate Mr. P.A.

Jadeja appearing for the petitioner could not controvert the above submission made by learned Assistant Government Pleader.

6.In view of above, it would be fruitful to refer to the order passed by this Court dated 23rd February, 2018 in Special Civil Application No.6887/2017 and allied matters which is as under :

“5. Figures on the record a communication dated 07th December, 2013 addressed by the University Grants Commission (UGC) to the Vice Chancellor of the OPJS University, which is in relation to the establishment of the OPJS University as a private university, and it throws light on certain important and material aspects having bearing on the controversy. The UGC explicitly stated that inclusion of the name of the university in the list of university maintained by it did not by itself permit such university to grant admissions in its various programmes. Importantly, it was stated by UGC further that the admissions to the academic programmes may be done by the universities/ institutions only after creation of the required academic infrastructure and physical requirements including provision of library, laboratory as well as appointment of teaching and non-teaching staff in consonance with