- (1.)This appeal takes exception to the decision of the learned Single Judge dated 4.9.2015 in W.P.No.13761/2013. Learned Single Judge has adverted to the mandatory qualification specified in the advertisement to invite applications to the post of Gram Rojgar Sahayak. The mandatory eligibility condition stipulated in the advertisement required the applicant to furnish Voter Identity Card issued by the Election Commission of India. That was the condition precedent for substantiating the claim that the applicant was resident of the same Gram Panchayat area. Admittedly, the application submitted by the appellant in response to the said advertisement did not include the Voter Identity Card issued by the Election Commission of India, as has been found by the revisional Authority.
(2.)The moot question, therefore, was: whether the said condition could be treated as mandatory or it was open to the appellant to fulfill the requirement of being resident of the same Gram Panchayat area on the basis of other evidence?
(3.)The mandatory condition in the advertisement, however, explicitly called upon the applicant to furnish Voter Identity Card issued by the Election Commission of India. Clause (3) in the advertisement in that behalf may also be construed as essential requirement of being resident of the same Gram Panchayat area. The thrust of the said condition, however, is the Voter Identity Card issued by the Election Commission of India made as mandatory requirement. The appellant has not challenged the said condition specified in the advertisement before any Authority or the writ petition as filed. So long as the said condition operates and being a mandatory condition of eligibility already notified, no relief can be granted to the appellant merely because the appellant is in a position to produce other official documentary evidence to substantiate the factum of being resident of the same Gram Panchayat area.