BHAGWATI PRASAD, J. In this appeal, judgment of learned Single Judge is under question which was given in relation to a selection for the post of Assistant Public Prosecutors (“APPELLANT” for short) Class-II as conducted by the Gujarat Public Service Commission (“Commission” for short). It was prayed before learned Single Judge that the select list which was prepared by GPSC on 16.7.2009 be declared to be illegal because it had infringed the scheme which was laid down for the selection. The case of the appellant is that the examination was to be conducted for the post of APP Class- II in terms of Rules known as “The Assistant Public Prosecutor, Gujarat General State Service, Class-II, Recruitment (Examination) Rules, 2008.

2. According to the appellants, what was required to be done was that in terms of Rule 12, the qualifying marks were required to be fixed at the time when the Notification was to be issued. In the Notification so issued for the selection, minimum marks were delineated. In Part-I examination i.e. the written examination to be 105 marks but as far as viva voce i.e. oral examination is concerned, no minimum qualifying marks were delineated. Therefore, everyb