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SCA/793/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 793 of 2010
======================================
ASHOKKUMAR
J DABHI AND ANOTHER
Versus
SECRETARY
AND ANOTHER
======================================
Appearance
:
MR JIGAR G GADHAVI for
Petitioners.
MR HARSHADRAY A DAVE for Respondent No.1.
MS
MANISHA NARSINGHANI, AGP for Respondent
No.2.
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CORAM
:
HONOURABLE
MR.JUSTICE D.H.WAGHELA
Date
: 03/02/2010
ORAL
ORDER
1. RULE.
Learned counsel for the respondents waive service.
2. The
petitioners have applied for the post of Assistant Engineer (Civil),
Class-II pursuant to the advertisement published on 10.09.2008, at
the instance of GPSC. The petitioners’ applications have been
rejected only on the ground that the latest ‘Non-Creamy Layer
Certificates’ were not annexed with the applications. It is the
contention of the petitioners that they had submitted their recent
Non-Creamy Layer Certificates with the applications but the
respondent subsequently insisted that the applicants were required to
submit such certificate issued on or after 01.04.2008.
3. It
was submitted by learned counsel, Mr. Dave that the advertisement
clearly indicated that the Non-Creamy Layer Certificate was required
to be recent and, hence, the respondent no.3 was entitled to reject
the application in terms of the conditions clearly mentioned in the
advertisement. It was, however, seen that the word ‘recent’, in
conjunction with the certificate, did not clearly specify the date,
and the petitioners, though literate, could have been misled due to
which they suffer rejection of their applications only on account of
the requirement being not made specific by GPSC. On the other hand,
immediately upon realizing the requirement envisaged by GPSC, the
petitioners are stated to have submitted fresh and latest Non-Creamy
Layer Certificates and it was requested on their behalf that since
they are fulfilling the requirement, they are required to be
considered for further process of selection.
4. In
the above facts and circumstances, the petitions are allowed with
the direction that fresh Non-Creamy Layer Certificates fulfilling the
condition of GPSC may be accepted and the petitioners may not be
deprived of their opportunity to compete with other candidates only
on the ground of absence of latest Non-Creamy Layer Certificate. Rule
is made absolute accordingly with no order as to costs. Direct
service.
(D.H.Waghela,
J.)
*malek
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