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SANJIV KHANNA, M. M. SUNDRESH
Sureshkumar Lalitkumar Patel – Appellant
Versus
State of Gujarat – Respondent
JUDGMENT
M. M. Sundresh, J.
1. Leave granted. Applications for impleadment are allowed.
2. The decision of the Division Bench of the High Court of Gujarat giving its imprimatur to the decision of the Departmental Selection Committee in reducing the qualifying marks for the post of Supervisor Instructor Class III, after the publication of result to facilitate the inclusion of candidates constituting horizontal reservation, is under challenge in these civil appeals.
3. Heard Mr. P.S. Patwalia, learned senior counsel appearing for the appellants, Ms. Archana Dave Pathak, learned counsel for Respondent Nos. 1 and 2 and Mr. Vikas Singh, learned senior counsel for the private respondents.
FACTS IN BRIEF:
4. Two advertisements were issued on 05.09.2015 to fill up the posts for Supervisor Instructor (Engineering Trade and Non-Engineering Trade) and Supervisor Instructor (Employability skill). The aforesaid two categories of posts carrying similar eligibility criteria in the nature of qualification with a difference in the respective degree required, including the sub-categories in the Engineering Group, such as Automobile, Chemical, Electrical, Mechanical, Marine etc. with a total of 13.
5. Prior
(1) Advertisement, made pursuant to a notification, binds parties – It has got all trappings of a statutory prescription unless it becomes contrary to either a rule or an Act – Change can only be bro....
An administrative decision does not always require a statutory sanction. For instance, it is well settled that for holding interviews for selection/admissions shortlisting can be done, and it is not ....
The cancellation of minimum qualifying marks for the recruitment process and its discriminatory application to different subjects was set aside by the court.
While recruitment rules generally cannot be changed after commencement to the prejudice of candidates, modifications that provide beneficial relaxations to existing qualifying benchmarks are permissi....
Retrospective fixation of minimum qualifying marks after exam result declaration changes rules of game impermissibly; candidates in initial combined merit list entitled to consideration without such ....
The petitioner, having participated in the selection process without protest, cannot challenge the same upon being declared unsuccessful. The reservation for PwD is a horizontal reservation, and cand....
The main legal point established in the judgment is that the selection process must adhere to the terms of the advertisement and the prescribed rules, and any deviation from these norms is impermissi....
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