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2023 Supreme(SC) 143

SANJIV KHANNA, M. M. SUNDRESH
Sureshkumar Lalitkumar Patel – Appellant
Versus
State of Gujarat – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Paramjit S. Patwalia, Sr. Adv. Mr. Sameer Parekh, Adv. Ms. Tanya Chaudhary, Adv. Ms. Pratyusha Priyadarshini, Adv. Mr. Hemang Shah, Adv. Mr. Prateek Khandelwal, Adv. M/S. Parekh & Co., AOR
For the Respondent(s): Mr. Purvish Jitendra Malkan, AOR Mr. Vikas Singh, Sr. Adv. Mr. Rajivkumar, AOR Mr. Krishna M Singh, Adv. Mr. Meenesh Dubey, Adv. Ms. Archana Pathak Dave, Adv. Ms. Deepanwita Priyanka, AOR

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


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