Bharwad Devabhai Khengabhai v. Oil & Natural Gas Corporation (India) Ltd.
2022-04-18
VIPUL M.PANCHOLI
body2022
DigiLaw.ai
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 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 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 12th 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 petitioner for educational purpose.
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 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 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 12th 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 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 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 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.
It is not in dispute that the petitioner has not passed his 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 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 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.