Back
Gujarat High Court
Judgename :C.V.JANI, P.R.GOKULAKRISHNAN
KANDARPKUMAR KRISHNAKUMAR DHOLAKIA - Appellant
Versus
GUJARAT PUBLIC SERVICE COMMISSION - Respondent
L.P.A. 211 of .
Decided On : 07/12/1990
Constitution of India – Art 234 309 – Gujarat Judicial Service Recruitment Rules 1961 – Gujarat Judicial Service Recruitment (Amendment) Rules 1979 – Rule 5 – Examination – Letters Patent Appeal – The appellants herein came forward with the Special Civil Application for issue of a writ of mandamus and/or any other writ order or direction quashing and setting aside the results of the appellants at the elimination test held by respondents – The learned single Judge of our High Court after property appreciating the examination held by the Public Service Commission for eliminating the candidates who have failed in the examination upheld the method adopted by the Public Service Commission and dismissed the Special Civil Application – Aggrieved by the said order of the learned single Judge the appellants have preferred the aforesaid Letters Patent Appeal – Appellants contended that holding of the examination for direct recruitment is clearly against the rules provided for such selection and the learned Advocate further contended that direct selection can be made by oral interview and not by holding examination – Held, The Division Bench of this High Court observed :the first ground of challenge is that the Public Service Commission could not have held a written test – Now the recruitment rules do not provide for either written test or an oral interview – There is however nothing in the rules which prohibits the taking of a suitable test in order to assess the suitability of the candidates appearing for interview – It if were otherwise even oral interview could not have been taken – How could the Public Service Commission then assess the relative merits of the candidates ? Written test in a way would be a more objective test – In any view of the matter where is no illegality committed in holding a written test to which all candidates were subjects – This observation of the Bench of our High Court squarely applies to the facts and circumstances of the present case also interpreting the words direct selection – Court is also of the same view as that of the view taken by the Bench of the High Court and hold that direct selection would include elimination by written test also – For all their reasons and also for the reasons given by the learned single Judge in the order passed in the Special Civil Application this Court do not find any merit in the Letters Patent Appeal and accordingly the same is dismissed – Appeal Dismissed
( 1 ) THIS Letters Patent Appeal is against the order passed by the learned single Judge in Special Civil Application No. 5688 of 1985 (Reported in 1990 02) GLR 1058 ). The appellants herein came forward with the Special Civil Application for issue of a writ of mandamus and/or any other writ order or direction quashing and setting aside the results of the appellants at the elimination test held on 30-9-1984 by the Public Service Commission for the purpose of Recruitment to posts of Civil Judges (Junior Division) and Judicial Magistrates (First Class) in the Gujarat Judicial Services Class II (Junior Branch) and the appellants have also prayed for a direction to the effect that the appellants be called for interviews to be held for appointment to the said posts.
( 2 ) IT is unnecessary for us to refer to the other prayers made in the Special Civil Application since they are not relevant for the disposal of the Letters Patent Appeal. The learned single Judge of our High Court after property appreciating the examination held by the Pubic Service Commission for eliminating the candidates who have failed in the examination upheld the method adopted by the Public Service Commission and dismissed the Special Civil Application. Aggrieved by the said order of the learned single Judge the appellants have preferred the aforesaid Letters Patent Appeal.
( 3 ) MR. J. P. Shah learned Advocate appearing for the appellants contended that holding of the examination for direct recruitment is clearly against the rules provided for such selection and the learned Advocate further contended that direct selection can be made by oral interview and not by holding examination. When the learned Counsel nor the appellants was confronted with the decision rendered by the Division Bench of our High Court in Letters Patent Appeal No. 230 of 1980 dated 24-8-1981 Mr. Shah distinguished this decision by staling that the said decision arose while interpreting the rules framed under Art. 309 of the Constitution of India; while the present case is in respect of the rules framed under Art. 234 of the Constitution of India. Mr. Shah also submitted that if this Bench is not agreeable to his submission made above and wants to follow the finding of the Division Bench in the aforesaid Letters Patent Appeal no further arguments will be put forth for maintaining the present Letters Patent Appeal. Article 234 of the Constitution reads as under:234 Recruitment of persons other than District Judges to the judicial service: Appointments of persons other than District Judges to the judicial service of a State shall be made by the Governor of the State in accordance with rules made by him in that behalf after consultation with the State Public Service Commission and with the High Court exercising jurisdiction in relation to such State.
( 4 ) ARTICLE 309 of the Constitution of India reads as under:309 Recruitment and conditions of service of persons serving the Union or a State :- Subject to the provisions of this Constitution Acts of the appropriate Legislature may regulate the recruitment and conditions of Service of persons appointed to public services and posts in connection with the affairs of the Union or of any State;provided that it shall be competent for the President or such person as he may direct in the case of services and posts in connection with the affairs of the Union and for the Governor of a State or such person as he may direct in the case of services and posts in connect on with the affairs of the State to make rules regulating the recruitment and the conditions of service of persons appointed to such services and posts until provision in that behalf is made by or under an Act of the appropriate Legislature under this Article and any rules so made shall have effect subject to the provisions of any such Act.
( 5 ) ARTICLE 234 of the Constitution of India visualises framing of rules for recruitment of persons other then Dist
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
