JUDGMENT :

N.S. SANJAY GOWDA, J.

[1] The appellant herein had challenged the selection of the third respondent as an Assistant Professor in Industrial Engineering by filing this writ petition which has been dismissed by the Learned Single Judge and thereby has upheld the selection of the third respondent. Consequently, this appeal has been filed.

[2] The following facts emerge from the pleadings and the arguments advanced by the learned Counsel.

[2.1] In the month of November, 2015, the Gujarat Public Service Commission (hereinafter referred to as “GPSC”) issued a notification calling for applications for filling up the post of Assistant Professors in various disciplines. For the purpose of this writ petition, we are concerned only with the notification insofar as it relates to the post of Assistant Professor, Industrial Engineering.

[2.2] In the notification, there was a specific column, the heading whereof, when translated, reads as follows:

“Allied discipline according to the Education Department’s Resolution No. SCT-1211/393-GH, dated 02/06/2011, and Resolution No. SCT-10-2013-616356-GH, dated 07/02/2014”

[2.3] In this column, as against the post of Industrial Engineering, no allied discipline had been mentioned. This would, therefore, indicate that, as on the date of the notification, there was no equivalent educational qualification prescribed for the post of Assistant Professor (Industrial Engineering).

[2.4] The rules relating to the recruitment of the above posts are governed by Assistant Professor, Class-II in Engineering and Technology (in different disciplines) Recruitment Rules, 2011. The eligibility conditions under these Rules for appointment by direct selection to the post of Assistant Professor in Government Engineering colleges are as under:

(i) A bachelors degree and a postgraduate degree in relevant branch of Engineering and Technology with first class or equivalent either in Bachelor of Engineering or Technology and Master of Engineering or Technology obtained from any of the Universities incorporated by or under the Central or State Act in India or any other education institution recognized as such or declared as deemed University under Section 3 of the University Grants Commission Act, 1956 or possess an equivalent qualification recognized by the Government.

(ii) the basic knowledge of computer application as prescribed in the Gujarat Civil Services Classification and Recruitment (General) Rules, 1967;

(iii) adequate knowledge of Gujarati or Hindi or both.

Explanation:

(i) If a class or division is not awarded, minimum 60% of aggregate marks shall be considered equivalent to first class; or

(ii) If a grade point system is adopted, the Cumulative Grade Point Average (CGPA) shall be converted in equivalent marks as below:-

[2.5] The explanation appended to these sub-rules would not be necessary for the purpose of this writ petition.

[2.6] As could be noticed above, the Rule is in three parts:

[2.7] The 1^st part states that in order to be selected to the post of Assistant Professor, the candidate must possess a Bachelor's Degree and a Postgraduate Degree in the relevant branch of engineering and technology with first class.

[2.8] The 2^nd part states that a person who holds an equivalent bachelor’s degree in engineering or technology and master’s degree in engineering or technology obtained from any other university incorporated under a Central Act or a State Act, or any other educational institution recognized as a deemed university, is also eligible to apply.

[2.9] The 3^rd part states that if a candidate possesses an equivalent qualification recognized by the Government, he would also be eligible to be considered for appointment as an Assistant Professor.

[2.10.] As already noticed above, in the notification the column relating to allied qualifications i.e., equivalent qualifications, the notification did not specify any other equivalent educational qualificat