Bharwad Devabhai Khengabhai vs Oil &Amp Natural Gas Corporation ...
2022 Latest Caselaw 4177 Guj

     C/SCA/6318/2016                       JUDGMENT DATED: 18/04/2022



     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
         R/SPECIAL CIVIL APPLICATION NO.     6318 of 2016

FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI             :         Sd/-

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1     Whether Reporters of Local Papers may be
      allowed to see the judgment ?                             NO

2     To be referred to the Reporter or not ?                   NO

3     Whether their Lordships wish to see the
      fair copy of the judgment ?                               NO

4     Whether this case involves a substantial
      question of law as to the interpretation
      of the Constitution of India or any                       NO
      order made thereunder ?

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              BHARWAD DEVABHAI KHENGABHAI
                         Versus
       OIL & NATURAL GAS CORPORATION (INDIA) LTD.
=======================================================
Appearance:
MR DARSHIT R BRAHMBHATT(8011) for the Petitioner No.1
MR AJAY R MEHTA(453) for the Respondent(s) No. 1
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    CORAM:HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI

                       Date : 18/04/2022

                         ORAL JUDGMENT

1. In this petition, which is filed under Article 226

of the Constitution of India, the petitioner has

prayed that the respondent authority be directed

to take the interview of the petitioner and decide

the application of the petitioner for the post of

C/SCA/6318/2016 JUDGMENT DATED: 18/04/2022

Junior Security Supervisor on its own merits.

2. Heard learned advocate, Mr. Darshit Brahmbhatt for

the petitioner and learned advocate, Mr. Ajay

Mehta for the respondent.

3. Learned advocate for the petitioner submitted that

the respondent authority issued advertisement for

the post of Junior Security Supervisor, copy of

which is placed on record at Page No.7 of the

compilation. Learned advocate submits that as the

petitioner was fulfilling the criteria, he applied

for the post of Junior Security Supervisor,

however at the time of taking interview, the

candidature of the petitioner is rejected. It is

submitted that the petitioner was orally informed

that he does not have certificate of passing of

Standard 12th from Gujarat Secondary Education

Board, Gandhiangar. Learned advocate has referred

to the certificates, which are placed on record.

Learned advocate submitted that the petitioner has

passed SSC examination from Gujarat Secondary

Education Board, Gandhinagar, thereafter, the

petitioner studied in CU Shah Government

Polytechnic, Surendranagar and, therefore, the

concerned Institute and the Chairman of Technical

C/SCA/6318/2016 JUDGMENT DATED: 18/04/2022

Examinations Board have issued certificate to the

petitioner that he has completed course of

Computer Engineering and has passed final

examination and is awarded Diploma, copy of said

certificate is placed on record at Page No.27.

4. At this stage, learned advocate submitted that the

Diploma Certificate issued by the competent

authority is equivalent to passing of Standard 12 th

examination. In support of the said argument,

learned advocate has referred to Equivalency

Certificate issued by the Assistant Secretary,

Gujarat Secondary & Higher Secondary Education

Board, Gandhinagar, copy of which is placed on

record at Page No.26. In the said certificate, it

is stated that the petitioner has passed after

Std-10 I.T.I./ Diploma of course of Computer

Engineering trade through C.U. Shah Government

Polytechnic, Surendranagar. It is also stated that

he is considered equivalent to Standard 12th (HSCE)

in pursuance of Government Resolution dated

02.06.2011 and the Gujarat Secondary & Higher

Secondary Education Board, Examination Committee

Resolution dated 28.12.2011. It is also stated

that this Equivalency Certificate is issued to the

C/SCA/6318/2016 JUDGMENT DATED: 18/04/2022

petitioner for educational purpose. Learned

advocate for the petitioner has thereafter placed

reliance upon the Government Resolution dated

15.05.2012 issued by the General Administration

Department, Government of Gujarat. Learned

advocate has more particularly referred to Para

No.2 of the said Government Resolution and,

thereafter, contended that the petitioner has

passed Diploma Course in Polytechnic after passing

Standard 10th examination and the same is

considered as possessing educational qualification

of Standard 12th for the purpose of Government

jobs. Learned advocate, therefore, urged that when

the Equivalency Certificate is issued by the

concerned authority in favour of the petitioner

and as per the said resolution, the petitioner is

eligible for the Government job, it is not open

for the respondents to deny the job to the

petitioner. Learned advocate, therefore, urged

that appropriate direction be issued to the

respondents.

5. On the other hand, learned advocate, Mr. Mehta has

opposed this petition and referred to the

averments made in the affidavit-in-reply filed on

C/SCA/6318/2016 JUDGMENT DATED: 18/04/2022

behalf of the respondents. Learned advocate at

this stage has referred to the advertisement

issued by the respondent for the post of Junior

Security Supervisor. Learned advocate submitted

that for the post of Junior Security Supervisor,

essential qualification is intermediate with 6

months training/ experience in security. Thus for

the aforesaid post, passing of Standard 12 th

examination is essential, however admittedly, the

petitioner is not having the said qualification

and, therefore, the interview of the petitioner

was not taken by the respondent authority. It is

further submitted that the certificate, which the

petitioner has produced i.e. the Equivalency

Certificate, is not applicable to the post of in

question. Learned advocate has also referred to

Clause 8(4) of the General Instructions, which

provided that the candidature of the registered

candidate is liable to be rejected at any stage of

recruitment process or after recruitment or

joining if any information is provided by the

individual is found false or is not found in

confirmative with eligibility criteria mentioned

in the advertisement. Learned advocate has also

C/SCA/6318/2016 JUDGMENT DATED: 18/04/2022

referred to Clause 8(19), which provides that the

candidates must possess essential qualification at

the time of applying as well as written test and

personal interview. Learned advocate has,

therefore, contended that when the petitioner is

not possessing the requisite qualification as per

the advertisement, personal interview of the

petitioner was not taken.

6. At this stage, learned advocate would further

submit that the Equivalency Certificate issued by

the Assistant Secretary, Gujarat Secondary &

Higher Secondary Education Board, Gandhinagar in

favour of the petitioner is only for the purpose

of taking admission in the concerned institute and

not for the post, which is in question. Learned

advocate further submits that Government

Resolution dated 15.05.2012, upon which reliance

is placed by learned advocate for the petitioner,

is also not applicable to the present respondents.

Learned advocate submitted that the said

resolution is applicable for the purpose of

Government job, which is not applicable to the

respondents.

7. Learned advocate has placed reliance upon the

C/SCA/6318/2016 JUDGMENT DATED: 18/04/2022

order dated 18.07.2016 passed by the Division

Bench of this Court in Letters Patent Appeal

No.587/2016 and the clarification made by this

Court while passing an order dated 23.09.2016

passed in Misc. Civil Application No.2287/2016.

Learned advocate for the respondents, therefore,

urged that this petition may not be entertained.

8. Having heard learned advocates appearing for the

parties and having gone through the material

placed on record, it would emerge that the

respondents have issued advertisement for the

purpose of Junior Security Supervisor in October,

2015 and in pursuance thereto, the petitioner

submitted online form on 05.11.2015 along with

necessary documents with regard to his educational

qualification and, hence, he was called for the

personal interview, however at the time of

interview, the respondent authority has verified

the documents submitted by the petitioner and it

was noticed that the petitioner has not passed

standard 12th examination and, therefore, his oral

interview was not taken and, therefore, the

petitioner has filed present petition. It is not

in dispute that the petitioner has not passed his

C/SCA/6318/2016 JUDGMENT DATED: 18/04/2022

standard 12th examination. Learned advocate for the

petitioner has mainly contended that the

petitioner has passed Diploma and, therefore,

certificate has been issued by the competent

authority. It is the case of the petitioner that

he has completed Diploma from CU Shah Government

Polytechnic, Surendranagar. The petitioner has

placed reliance upon the Equivalency Certificate,

copy of which is placed on record at Page No.26.

If the said certificate is carefully examined, it

is revealed that the concerned authority has

issued the aforesaid certificate for specific

purpose. It is stated that the said equivalency

certificate is issued to the petitioner for the

educational purpose for taking admission in the

concerned institute. The petitioner has also

placed reliance upon the Government Resolution

dated 15.05.2020 issued by the General

Administration Department, Government of Gujarat.

If the said resolution is also carefully seen, it

is revealed that the said resolution is issued by

the Government of Gujarat for the purpose of

Government job.

9. Keeping in view of the aforesaid Equivalency

C/SCA/6318/2016 JUDGMENT DATED: 18/04/2022

Certificate and the resolution upon which reliance

is placed by the petitioner, if the advertisement

issued by the authority for the post of Junior

Security Supervisor is carefully seen, it is clear

that the respondents have issued the advertisement

for the aforesaid post, wherein the essential

qualification is intermediate with 6 months

training/ experience in security. It is not in

dispute that the petitioner has not passed

standard 12th examination. Thus, the advertisement

is issued by the respondent for specific post with

specific qualification and if the petitioner is

not fulfilling the said criteria, this Court is of

the view that no error is committed by the

respondent while not taking interview of the

petitioner for the aforesaid post. In the

advertisement itself, it is specifically stated at

number of places that the candidate must possess

essential qualification mentioned against each

post and the candidature of the registered

candidate is liable to be rejected at any stage of

recruitment process or after recruitment or

joining if any information is provided by the

individual is found false or is not found in

C/SCA/6318/2016 JUDGMENT DATED: 18/04/2022

confirmative with eligibility. Thus when the

respondents have not taken interview as per the

terms and conditions of the advertisement, this

Court is of the view that the respondents have not

committed any error and, therefore, I am not

inclined to entertain the present petition.

10. This petition is accordingly dismissed. Rule is

discharged.

Sd/-

(VIPUL M. PANCHOLI, J.)

Gautam