JUDGMENT :

1. Heard Mr.Shakti S. Jadeja, learned advocate for the petitioner and Ms.Dhruti Pandya, learned AGP appearing for the State respondents.

2. Rule returnable forthwith. Ms.Dhruti Pandya, learned AGP waives service of rule on behalf of the State respondents.

2.1 With the consent of the learned advocates for the respective parties, the present matter is taken up for hearing.

3. The present petition is filed under Articles 226 and 227 of the Constitution of India, seeking the following reliefs:

“(A) Your Lordships may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction quashing and setting aside the Result dated 30.01.2019 (wrongly mentioned as 30.01.2018) declared by respondent No.3 (as far as the petitioner is concerned), whereby the petitioner is declared as "Disqualified" and may further be pleased to issue appropriate directions upon the respondents herein to hold and declare that the petitioner is possessing requisite educational qualification to be "Qualified" for consideration to the post of "Wireman, Class-III;

(B) During the pendency and final disposal of the present petition, YOUR LORDSHIPS may be pleased to direct therespondents herein to consider the petitioner for the selection procedure for appointment to the post of "Wireman, Class-III" by considering the educational qualification of the petitioner to be requisite educational qualification;

ALTERNATIVELY

(C) During the pendency and final disposal of the present petition, YOUR LORDSHIPS may be pleased to direct the respondents herein to keep one seat / post of "Wireman, Class-III" vacant;”

BRIEF FACTS OF THE CASE :

4. Respondent No.3-Gujarat Subordinate Services Selection Board (hereinafter referred to as "the Board") published an advertisement for the post of Wireman vide advertisement No.133/201718 published on 26/07/2017. As per the advertisement, the educational qualification for the post of Wireman was prescribed to the effect that the candidate must possess a minimum two years' certificate course of wireman or electrician obtained from any of the Industrial Training Institutes established by the Government.

4.1 The petitioner vide his application dated 27/07/2017 applied for the post of Wireman. According to the petitioner, he possesses the requisite educational qualification as he holds a certificate issued by the Technical Education Board, Gujarat State, Gandhinagar, which certified that he completed the certificate course of Electrical Service Technician. The petitioner also possesses another certificate of Wireman issued by the Licensing Board, Gandhinagar.

4.2 It is the case of the petitioner that he did clear the examination and being found meritorious, received a letter from the respondent for document verification. At that point of time, having found that the petitioner was not possessing the requisite educational qualification, his candidature was cancelled as he was disqualified. Accordingly, the final merit list was prepared by the Board wherein the petitioner declared disqualified. Being aggrieved and dissatisfied with the aforesaid decision of the Board, the petitioner has preferred this petition.

SUBMISSIONS OF THE PETITIONER :

5. Mr. Shakti S. Jadeja, learned advocate for the petitioner would submit that despite the petitioner possesses the requisite educational qualification, the Board erroneously disqualified the candidature of the petitioner and wrongly denied him the appointment. It is submitted that the petitioner is a qualified Wireman having two certificates, one issued by the Technical Education Board, Gujarat State and another by the Licensing Board of Gujarat State. It is further submitted that there is no specific requirement in the advertisement whereby those certificates can be discarded by the respondent.

5.1 It is further submitted that the Board has misunderstood and wrongly interpreted the Wireman, Class-III, in the Subordinate Services of Roads and Buildings De