( 1 ) IN the aforesaid petitions the petitioners are members of the staff working is the subordinate Courts and this Court as also practising Advocates The petitioners have prayed for quashing and setting aside the results at the Elimination Test held on 30-9-1984 by the Gujarat Public Service Commission respondent No 1 for the purpose of recruitment to the post of Civil Judge (Junior Division) and Judicial Magistrate First Class in Gujarat Judicial Service Class-II (Junior Branch) and for a further direction that the petitioners be called for interviews to be held for appointment to the said post and also for other incidental and ancillary orders They have also sought for prayer direction the frist respondent to permit rechecking the papers of the petitioners in the Elimination Test held on 30-9-1984 for the post of Civil Judge (J. D.) and Judicial Magistrate First Class in the Gujarat Judicial Service Class-II (Junior Branch) for the purpose of ascertaining as to whether there is any mistake arithmetically or otherwise and also for the purpose of assessing whether the marks given to the petitioners are from the papers belonging to the petitioners and to pass all other incidental orders in this regard

( 2 ) THE Gujarat Public Service Commission published an advertisement in the Times of India on 30-6-1984 inviting separate applications for 65 posts of Civil Judge Junior DIvision and Judicial Magistrate First Class in the Judicial Service Class-II (Junior Branch) with 6 specific mention that said applications should reach the Commissions Office on or before 30-7-1984 Various essential qualifications as mentioned in the advertisement were prescribed It was also inter alia mentioned in the note of the said advertisement that if necessary the Commission may arrange elimination test to decide who should be called for personal interview and in that ease medium of examination would be in Gujarati unless otherwise decided by the Commission in response to the said advertisement the petitioner have applied for the said post Thereafter the petitioners were informed that the elimination test for recruitment to the said post shall be held on 30-9-1984 It was mentioned in the letter dated 17-9-1984 written by the first respondent that if the candidates secure the number of marks to be fixed by the first respondent in the elimination test then only would be called for personal interview The test consisted of two parts namely Part-I General Knowledge consisting of 50 marks and Part-II consisting of Criminal Procedure Code elements of Indian Penal Code and Court Procedures of 100 marks The said question paper was to be objective in nature. It was clearly mentioned that the Commission will not entertain any correspondence with regard to checking of answer papers of the said examination The petitioners have appeared at the said elimination test There were about 1000 candidates (861 candidates to be exact) in the said elimination test

( 3 ) THE petitioners thereafter received letter dt. 21-9-1985 on or around 8-10-1985 whereby they were informed that they had not obtained requisite qualifying marks in the said elimination test and they were not to be called for oral interview. Hence the present petitions are filed on various grounds mentioned therein.

( 4 ) ONE of the main grounds raised in the petitions is that holding of elimination test by the first respondent is ultra vires the Recruitment Rules and on that ground the entire elimination test is vitiated and the result of the said test is required to be quashed and set aside. It is also contended that under the Rules there is no provision for elimination test and the petitioners were denied their right to and out whether there has been any arithmatic error in computing the marks obtained by the petitioners in the elimination test. They are also not permitted to find out whether inadvertently or otherwise any question/answer has remained unanswered and further as to whether mark