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SCA/9581/1998 4/ 4 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 9581 of 1998
For
Approval and Signature:
HONOURABLE
MR.JUSTICE KS JHAVERI
=========================================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To
be referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
=========================================================
PRAVINKUMAR
GORDHANDAS PATEL - Petitioner(s)
Versus
DISTRICT
PANCHAYAT & 1 - Respondent(s)
=========================================================
Appearance :
HL
PATEL ADVOCATES for
Petitioner(s) : 1,
RULE SERVED BY DS for Respondent(s) : 1,
MR
HS MUNSHAW for Respondent(s) :
2,
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CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 06/04/2010
ORAL
JUDGMENT
By way of this petition the
petitioner has prayed for direction directing the respondents to
appoint the petitioner to the post of Education Inspector and
further to quash and set aside the decision of rejection of
application form of the petitioner communicated to the petitioner by
letter dated 24.9.1998/7.10.1998.
The brief facts of the case
are as under :-
2.1
As per the say of the petitioner, he is working as a Primary
Teacher in Adarsh School of Deesa. The respondent issued an
advertisement in the Daily Rekheval on 18th April
1998, inviting applicatino for the post of Education Inspector. In
the said advertisement condition no. 5 was that the true copy of
the mark sheet was to be sent along with the application. The last
date for submission was 4th May 1998.
2.2
The petitioner had cleared his B.Ed. Examination but did not
receive the marksheet and therefore, without waiting further, he
submitted his application on 2nd May 1998 along with a
certificate obtained from the Principal of the concern College.
2.3
The petitioner was called for personal interview but was not
selected. Therefore he addressed a letter to the respondent
authority. The respondent replied that the petitioner was not
selected because he had not submitted the true copy of the mark
sheet of B.Ed. before the last date of submission. Though the
petitioner is eligible, he has not been selected. Hence this
petition.
Heard learned Advocates for
the respective parties and perused the documents on record.
The respondents had filed
their reply. In para seven of the said reply they had mentioned that
:
The petitioner is
considered for the post of Assistant Deputy Educational Inspector
though he had forwarded the marksheet of the qualification of B.Ed.
After 4th May,1998 then it would be contrary to the terms
and conditions laid down in the advertisement and it would also
cause irreparable damage to others similarly situated candidates who
had forwarded the marksheets or other certificates after 4th
May,1998 and on that ground they are not considered and called for
the interview . It is further stated that there are number of
candidates who had not forwarded such certificates and/or marksheets
after 4th May 1998 only on the ground that the terms and
conditions mentioned in the advertisement were to the effect that
such certificates and/or marksheets would not be considered and
appreciated.
In my view, the Selection
Committee has rightly justified in their decision as the petitioner
has not forwarded the marksheet. The respondent cannot deviate from
the Rules and Regulations. In that view of the matter, petition is
beyond of merits and deserves to be dismissed and the same is
dismissed accordingly. Rule is discharged with no order as to costs.
[K.S.Jhaveri,J.]
*Himansu
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