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2016 Supreme(Guj) 324

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J.B. Pardiwala, J.
Sandhya Naranbhai Maru – Appellant
Vs.
Secretary, Gujarat Panchayat and Ors. – Respondents
Special Civil Application Nos. 14870, 14877 and 16815 of 2015
Decided On: 19.02.2016

Advocates:
Advocate Appeared:
For Appellant :Ruchir A. Patel, Advocate

Headnote:

Constitution of India, 1950 - Article 226 - Service and employment - Recruitment to post of Talati-cum-Mantri - Petitioners applied and appeared for examination - Final answer key declared by respondent District Panchayat Service Selection Committee - Petitioner claimed that answers to three questions in final answer key declared were wrong and if marks for correct answers said to have been answered by writ applicant were added would sufficient for selection of the post - Her result has been affected and needs to be rectified - Held, It is wholly unjust to give marks to a student who did not even attempt to answer those questions - There are errors in Answer Key, which required to corrected accordingly - After rectifying mistakes and after correction, if any of three writ applicants find place in merit-list then they shall be placed accordingly - Petition Allowed

JUDGMENT :

J.B. Pardiwala, J.

1. Since the issues raised in all the three captioned writ applications are more or less the same, those were heard analogously and are being disposed of by this common judgment and order.

2. The Special Civil Application No. 14870 of 2015 is treated as the lead matter. By this writ application, the applicant has prayed for the following reliefs:

"10 A. Your Lordships may kindly be pleased to admit and allow the Special Civil Application.

B. Your Lordships may kindly be pleased to issue a writ of mandamus, or writ in the nature of mandamus or any other appropriate writ, order or direction, to quash and set aside the provisional recommendation list as well as the final recommendation list declared by respondent No. 2 for the post of Talati cum Mantri, Rajkot in accordance with law.

C. Your Lordships may kindly be pleased to issue a writ of mandamus, or writ in the nature of mandamus or any other appropriate writ, order or direction to set aside the final answer key and to publish new final list with the corrected answer key, dated 28.08.2015 declared by respondent No. 2 in accordance with law.

D. Pending admission and final disposal of the petition, Your Lordships may kindly be pleased to stay the appointment made on the basis of the final recommendation list declared by respondent No. 2 for the post of Talati cum Mantri, Rajkot in accordance with law.

E. Your Lordships may be pleased to pass such other and/or further orders as may be deemed fit, just and proper in the interest of justice."

3. The facts of this case may be summarized as under:

3.1 The respondent No. 2 - Rajkot District Panchayat Service Selection Committee issued a public advertisement for the purpose of recruitment on the post of 'Talati-cum-Mantri'. The advertisement of the examination to be conducted for the purpose of recruitment was in the form of a Notification issued in all twenty six districts of the State dated 8th April, 2015.

3.2 The applicant filled in an on-line application form for the post of 'Talati-cum-Mantri' on the website of the Gujarat Government - 'On-line Job Application System' called 'www.ojas.guj.nic.in'.

3.3 The applicant received an examination call letter dated 17th August, 2015 from the District Panchayat Service Selection Committee, Rajkot, with the necessary details of the examination centre, time and date of the examination and the seat number.

3.4 The examination was conducted on 23rd August, 2015. The applicant appeared at Rajkot.

3.5 Thereafter, a provisional answer key was made available on-line on the same day of the examination. The controversy is with respect to the three questions which were asked in the question paper bearing No. 58, 71 and 9.

3.6 Question No. 58 reads as under:

"58. ____ Mount Everest is the highest mountain in the world? (A) A (B) An (C) The (D) No Article (E) Not attempted."

3.6 Question No. 71 reads as under:

"71. Who was the first person to bestow the word Mahatma for Gandhiji? (A) Ravindranath Tagore (B) Vinoda Bhave (C) Sardar Vallabhai Patel (D) Unknown Journalist (E) Not attempted."

3.7 Question No. 97 reads as under:

"97. Which is the longest river in India?

(A) Ganga (B) Yamuna (C) Brahmputra (D) Saraswati (E) Not attempted."

3.8 The petitioner answered the above mentioned three questions as '(C)', '(A)' and '(A)' respectively in the Provisional Answer Key.

3.9 The final Answer Key was declared by the District Panchayat Service Selection Committee, Gandhinagar dated 28th August, 2015 and was shown as '(A)', '(D)' and '(C)' to the above referred three questions.

3.10 It is the case of the applicant that the answers, in the final Answer Key declared, are wrong. It is her case that on account of the same, her result has been affected and needs to be rectified. It is her case that she secured 66.5 marks, whereas the cut-off marks for a candidate of the Scheduled Caste category are 67.3 marks. If the marks for the correct answers said to have been answered by the writ applicant are added, th













































































































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