Senva Bharatkumar Shanabhai vs Oil And Natural Gas Corporation ...
2022 Latest Caselaw 4237 Guj

    C/SCA/3736/2021                               CAV JUDGMENT DATED: 19/04/2022



            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                R/SPECIAL CIVIL APPLICATION NO. 3736 of 2021
                                    With
                R/SPECIAL CIVIL APPLICATION NO. 2539 of 2021
                                    With
                R/SPECIAL CIVIL APPLICATION NO. 4144 of 2021
                                    With
                R/SPECIAL CIVIL APPLICATION NO. 3828 of 2021

FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE BIREN VAISHNAV

==========================================================

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 or any order made thereunder ?

========================================================== SENVA BHARATKUMAR SHANABHAI Versus OIL AND NATURAL GAS CORPORATION LIMITED ========================================================== Appearance:

MS.RAJVI PATEL, ADVOCATE for MR. C J GOGDA(7488) for the Petitioner(s)

MR RITURAJ M MEENA(3224) for the Respondent(s) No. 1,2 ==========================================================

CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV

Date : 19/04/2022

1. For the purposes of this judgment, at the outset,

learned counsel for the petitioner Ms.Rajvi Patel

C/SCA/3736/2021 CAV JUDGMENT DATED: 19/04/2022

submitted that Special Civil Application No.2539 of

2021 has been kept alive only for the purposes of

reference to the relevant documents which were

extensively annexed with this petition and therefore

only for this purpose the petition would survive

otherwise as far as Special Civil Application No.2539 of

2021 is concerned, the same is not pressed.

Accordingly, what remains for consideration of this

Court is the case of the petitioners in case of Special

Civil Application Nos.3736, 3828 and 4144 of 2021.

2. All these petitioners had applied for the posts of Junior

Assistants (P&A) pursuant to the advertisement issued

by the Oil and Natural Gas Corporation Ltd ('ONGC' for

short) for various posts.

3. Ms.Rajvi Patel learned advocate for the petitioner in

Special Civil Application No.3736 of 2021 would submit

that the essential qualification and experience provided

for the posts of Junior Assistants (P&A) was graduate

with typing speed of 30 w.p.m. Certificate/diploma of

minimum duration of six months in computer

C/SCA/3736/2021 CAV JUDGMENT DATED: 19/04/2022

application in office environment was sought. Clause

1.3 (10) of the advertisement would provide that for the

posts mentioned above where the qualification

prescribed is a certificate/diploma, a BCA and MCA

shall not be accepted in place of such a certificate.

4. As far as petitioner of Special Civil Application No.3736

of 2021 is concerned, Ms.Patel would submit that the

petitioner has a Certificate in Computer Concept for the

period from April to May 2014. The statement of marks

indicated that MS Office 2003 was one of the subjects

and therefore, the objection that there was no

clarification in the certificate of it prescribing the

petitioner having undergone office environment as

training in MS word was misconceived. She would also

rely on a certificate produced with the rejoinder of the

National Computer Education Society which indicated

that the petitioner has undergone Diploma in Computer

Education for a period of six months and the academy

had certified by a certificate of 05.03.2021 that the said

course would include MS Office. She would therefore

submit that the petitioner of Special Civil Application

C/SCA/3736/2021 CAV JUDGMENT DATED: 19/04/2022

No.3736 of 2021 was eligible for being considered for

the post of Junior Assistant because this stipulation of

requiring proficiency in office environment to be read

as undertaking of course in MS Office was satisfied.

5. As far as Special Civil Application No.3828 of 2021 is

concerned, Ms.Patel would submit that the petitioner

has passed the course of Certificate in Computer

Concept in February 2012 with First Class Distinction.

The mark-sheet of the Certificate in Computer Concept

indicated the course of application "which would

include MS Office" and therefore, the petitioner was

eligible for being considered for the post of Junior

Assistant P&A. Ms.Patel would also rely on the course

syllabus of the university which inter-alia indicated that

the course provided for proficiency in MS Word and MS

Outlook. With the rejoinder, Ms.Patel had provided for

the Computer course of CCC syllabus and the

curriculum as per Ms.Patel indicated introduction to

Word processing and therefore, office environment, a

stipulation required in the advertisement was satisfied.

That she had undergone such a course was even

C/SCA/3736/2021 CAV JUDGMENT DATED: 19/04/2022

apparent from the duration of the course which was 6

months to 2 years and a certificate to that effect was

given by Dr.Babasaheb Ambedkar Open University on

02.03.2021.

6. As far as Special Civil Application No.4144 of 2021 is

concerned, Ms.Patel would submit that the petitioner

has undergone a Post Graduate Diploma in Computer

Science and Application from Saurashtra University

and a certificate to that effect was produced before the

ONGC. The certificate was of the year 2012. The

mark-sheet indicated the subjects which the petitioner

had undertaken. With the rejoinder, relying on the

relevancy notification of the State of Gujarat dated

08.02.2008, she would submit that the Post Graduate

Diploma in Computer Science and Application of

Saurashtra University included MS Word and Excel as

required in the advertisement and from the syllabus of

the Saurashtra University produced together with the

rejoinder, it was evident that MS word was part of the

curriculum which satisfied the stipulation of the

requisite of the office environment as provided in the

C/SCA/3736/2021 CAV JUDGMENT DATED: 19/04/2022

advertisement.

7. Mr.Rituraj Meena learned counsel appearing for the

ONGC insofar as Special Civil Application No.3736 of

2021 is concerned, would submit that the certificate

produced by the petitioner at page 20 showing that the

petitioner has undergone Certificate in Computer

Concept was only a certificate of 2 months and not the

6 months that was the minimum stipulation required as

per the advertisement. As far as the certificates

produced by the petitioner, of the National Computer

Education Society and the certificate of the Shree

Academy Mr.Meena would submit that this certificate

was of 05.03.2021 and was given two days after the

filing of the rejoinder; i.e. of the same date as of the

filing of the rejoinder and was never produced before

the authorities and this is clearly an afterthought.

8. As far as Special Civil Application No.3828 of 2021,

Mr.Meena would submit that the certificate produced

with regard to computer concept of Dr.Babasaheb

Ambedkar Open University and the mark-sheet would

C/SCA/3736/2021 CAV JUDGMENT DATED: 19/04/2022

not indicate that the petitioner had studied MS Office.

The certificate produced with the rejoinder and the

course-syllabus so produced indicating that the course

also had MS Office and was for a duration of two

months was clearly an afterthought as the certificate of

the University dated 02.03.2021 was produced which

was of five days' prior to the date of rejoinder. These

were never produced before the Corporation and

therefore they cannot be considered.

9. As far as petitioners of Special Civil Application

No.4144 of 2021 are concerned, Mr.Meena would

submit that even the Saurashtra University mark-sheet

did not indicate MS Word as one of the curriculum with

the subject of PGDCA and reliance on the curriculum of

PGDCA of 2016 was misconceived. Even the

notification of the State dated 08.02.2008, was not

applicable to ONGC as it was only restricted to that of

the State Government establishments.

10. Considering the legality of the exclusion of the

petitioners for the post of Junior Assistants (P & A), it

C/SCA/3736/2021 CAV JUDGMENT DATED: 19/04/2022

will be apt to refer to the relevant stipulation in the

advertisement which reads as under:

Matt Post     Minimum          EssentialRelev Certificates possessed /RelevantObjection raised byReleva
er   Applied Qualification/Relevant ant Course pursued byPage                   ONGC                nt
No. by        Clause        in       thePage petitioners                Nos.                        Page
     Petition Advertisement              No. in                                                     Nos.
     er                                  Advt.
SCA Jr.       "Graduate with typing 20 Certificate in Computer            11 Certificate does not 20
3828 Assista speed       30      w.p.m.        Concepts in the year             reflect    that the
of   nt P & Certificate/Diploma       of       2012 from Dr.                    petitioner      had
2021 A        minimum duration of six          Babasaheb Ambedkar               studied MS office
              months in Computer               Open University
              Applications in the office
              environment"                     MS Office as part of the
                                               syllabus
              Clause no. 1.3 (10) 22                                    26 & 29
              advertisement:                   Duration: 6 Months


               above where one of the
SCA    Jr.     qualifications prescribed      Certificate in Computer       14   Petitioner holding      21
3736   Assista is a Certificate / Diploma     Concepts (2 Months) in             certificate      with
of     nt P & of minimum duration of 6        year 2014                          duration of only
2021   A       months in Computer                                                one month hence
               Applications in the Office     Diploma in Computer                not           holding
               Environment, a B.C.A. or       Application (6 months)        26   minimum essential
               an M.C.A. or a B.Tech./        in year 2018                       qualification for the
               B.E.      in     Computer                                         applied post.
               Science / Engineering          (Certificate of Diploma
               shall not be accepted in       in Computer Application
               place of a Certificate /       not     considered    by
               Diploma of minimum 6           ONGC)
SCA    Jr.     months. Even if the            Post Graduate Diploma11            Certificate does not    18
4144   Assista Graduation is in BCA or        in Computer Science &              reflect    that  the
of     nt P & a B.Tech / BE in                Application         from           petitioner      had
2021   A       Computer Science /             Saurashtra University              studied MS office
               Engineering,            the
               required certificate of        Notification to consider
               minimum duration of 6          PGDCA course from
               months is mandatory.           Saurashtra     University30
               The Certificate / Diploma      Saurashtra     University
               should be attributable to      equivalent to CCC and
               Computer Applications          valid qualification for
               and      should     clearly    recruitment     requiring
               mention        that     the    computer literacy.
               candidate has studied
               the course involving
               Office Environment such






  C/SCA/3736/2021                                CAV JUDGMENT DATED: 19/04/2022


         as applications of MS
         word, Excel (Spread
         Sheet) etc

11. As far as petitioner of Special Civil Application No.3736

of 2021 is concerned, what was produced at the

relevant time was a certificate in Computer Concepts

which the petitioner had undergone for a period of two

months. This was the only document which was

produced at the time of applying pursuant to the

advertisement for the post of Junior Assistant (P&A).

12. Mr.Meena in his submission is right when the

Certificate of the National Computer Education Society

which is pressed into service by the petitioner is

perused, though the certificate indicates that the

petitioner had undergone the 6 months' course at

Shree Academy for Diploma in Computer Application,

the certificate of the Shree Academy is of 05.03.2021

which is the same date of the rejoinder so filed.

Admittedly this exercise on behalf of the petitioner is

an attempt to cure the defects of producing such

certificates only post the advertisement in the present

petition beyond the cut-off date and on this ground

C/SCA/3736/2021 CAV JUDGMENT DATED: 19/04/2022

therefore Special Civil Application No.3736 of 2021

deserves to be dismissed.

13. As far as Special Civil Application No.3828 of 2021 is

concerned, the Certificate in Computer Concepts

produced by the petitioner of the year 2012 from

Dr.Babasaheb Ambedkar Open University does not

reflect that the petitioner had studied MS Office. In

order to overcome such objection, by way of a

rejoinder, the petitioner has produced the course of the

Dr.Babasaheb Ambedkar Open University which

indicates that the course included introduction of word

processing and therefore the petitioner was satisfying

the stipulation of "Office Environment". However, when

it is juxtaposed with the syllabus and training, the total

duration of the course was only 45 hours. Therefore,

the course undertaken by the petitioner of Special Civil

Application No.3828 of 2021 for computer concepts

through the Dr.Babasaheb Ambedkar Open University

and the certificate dated 02.03.2021 to overcome the

objection is also clearly an afterthought produced with

the rejoinder of five days prior to the filing of the

C/SCA/3736/2021 CAV JUDGMENT DATED: 19/04/2022

rejoinder. This indicates that a defect is sought to be

cured which the Court cannot once the advertisement

date has gone and the selection process has been

finalized and the appointments have taken place.

14. As far as Special Civil Application No.4144 of 2021 is

concerned, the petitioner has produced the Certificate

of Saurashtra University and the notification which

considers PGDCA course from Saurashtra University as

equivalent to CCC and a valid qualification of computer

literacy. However, the certificate does not again reflect

the petitioner having undertaken the curriculum of MS

Word. Pressing into service a syllabus of the

Saurashtra university to satisfy the Court's conscious

that MS word was part of the qualification is also an

exercise which is misconceived inasmuch as the

curriculum produced by the petitioner is of the year

2016, whereas the certificate of the petitioner

possessing the appropriate qualification from the

Saurashtra University is of the year 2012 which cannot

be considered for the purposes of the advertisement.

C/SCA/3736/2021 CAV JUDGMENT DATED: 19/04/2022

15. Considering the entire aspect therefore, the submission

of Ms.Rajvi Patel that the petitioner possesses a higher

qualification than the required qualification, by relying

on the decision of the Hon'ble Supreme Court in the

case of Jyoti K.K. and Ors. V. Kerala Public Service

Commission rendered in Civil Appeal No.2194-2200

of 2002 is misconceived because the essential

qualification required in the advertisement of office

environment is not satisfied by either of the petitioners.

16. For all these reasons all these petitions viz. Special

Civil Application Nos.3736, 3828 and 4144 of 2021 are

dismissed. As noted in the aforesaid order, since

Special Civil Application No.2539 of 2021 was only kept

alive for the purposes of reference to the documents,

the same also stand disposed of today with no orders.

17. Orders accordingly.

(BIREN VAISHNAV, J) ANKIT SHAH