Important Point :
Selection procedure on post of D.E.O. and equivalent Class I post.

R.M. Doshit, J.—These three Appeals preferred under Clause 15 of the Letters Patent arise from the common judgment and order dated 13.12.2007 passed by the learned Single Judge in so far as the above Special Civil Applications No. 22069 of 2007; 27249 of 2007 and 18609 of 2007 are dismissed. The appellants before this Court are the writ petitioners in the above Special Civil Applications. The matters arise from a common subject i.e., the competitive test held by the Gujarat Public Service Commission [hereinafter referred to as, “the Commission”] for recruitment to the posts of District Education Officer and equivalent Class I posts [Administrative Branch] under the Government of Gujarat. The Appeals are, therefore, with the consent of the learned Advocates, heard and decided by this common judgment.

2. Recruitment to the posts of District Education Officer and equivalent Class I posts in the Gujarat Educational Service [Administrative Branch] Class I is governed by the statutory rules made under Article 309 of the Constitution of India known as the Gujarat Educational Service [Administrative Branch] Class I Recruitment Rules, 2002. The Commission, by advertisement published on 17.03.2006, invited applications from qualified candidates for appointment to 14 posts in the Gujarat Educational Service [Administrative Branch] Class I. Of the said 14 vacancies, six were reserved for Scheduled Tribes, and Socially and Educationally Backward Class candidates, 8 vacancies were available for common merit candidates [non-reserved categories]. Of the said 8 vacancies, two were reserved for women candidates and of the four vacancies reserved for Socially and Educationally Backward Class candidates, one was reserved for a woman candidate. The said advertisement also contained general terms and conditions. Under Clause [6] of the said general terms, the candidates were informed about the manner of recruitment. It was specifically mentioned that selection would be based on oral interview [viva voce]. In case of comparatively large number of applicants, a preliminary test would be conducted. The scrutiny of the candidates would be in order of merit at the said preliminary test.

3. The appellants before this Court are the candidates who had, in answer to the above referred advertisement, applied for appointment to posts in Gujarat Educational Service [Administrative Branch] Class I but have not succeeded in selection. It is not disputed that each appellant was eligible for appointment to the Gujarat Educational Service [Administrative Branch] Class I. The challenge to the non-selection of the appellants is three fold. The first challenge is in respect of reservation for women candidates. The allegation is that adequate number of vacancies are not reserved for women candidates. Against 14 vacancies advertised, four vacancies ought to have been reserved for women candidates – three of them for common merit candidates. The reliance is placed on the Gujarat Civil Services [Reservation of Posts for Women] Rules, 1997 [hereinafter referred to as “the Rules of 1997”]. The second challenge to the impugned recruitment is in respect of the written preliminary test. Challenge is two fold: First; in absence of specific provision made in the recruitment rules, the preliminary written test could not have been held. Second; it the written test is held, the resultant selection should have been made on the combined result of written and oral test. The selection could not have been based solely on the result of the oral interview. The third challenge is in respect of individual cases. The allegation is that though the concerned applicants had secured minimum cut off marks in the written test, they had not been called for interview.

4. The learned Single Judge has rejected the aforesaid contentions raised on behalf of the appellants-writ petitioners. The learned Single Judge has observed that under the advertisement published by the Public Service Commission,