TERAIYA SWEETY RAMESHCHANDRA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this petition under Article 226 of Constitution of India, petitioner is challenging the action of respondent No.3 -Commission holding the petitioner ineligible for the main examination for the post of Assistant Conservator of Forest, Class II and Range Forest Officer, Class II.

(2.) IT is the case of the petitioner that pursuant to the advertisement for recruitment to the said posts, petitioner applied on-line. In her on-line application, she provided the date and other details about the Non creamy layer certificate which was one of the requirement for the candidate applying for the post in SEBC category. Petitioner appeared in the preliminary examination and came out successful and became eligible to appear in the main examination, as per the requirement of the advertisement. After clearing the preliminary examination, petitioner submitted an application with necessary documents for the main examination. It is the case of the petitioner that petitioner had submitted Non creamy layer certificate for relevant financial year as required by the advertisement. However, respondent-commission declared petitioner ineligible for the main examination on the ground that the petitioner did not submit SSC certificate for the proof of birth date and Non creamy layer certificate for the financial year ending on 31.3.2009 issued between 1.4.2009 to 31.3.2010.

(3.) PETITIONER has urged in the petition that petitioner since produced SSC certificate later on and also produced Non creamy layer certificate with the main application, decision taken by the respondent -Commission of including the petitioner in the list of ineligible be quashed and set-aside and respondent- Commission be directed to consider petitioner eligible for the main examination for the aforesaid post. The petition is opposed by respondent-