IMPORTANT POINT: In the extraordinary factual situations where the examination involved is vitiated to the core by use of deceitful means and measures to benefit some, the consideration of departure from the said time schedule per se would not be a wholesome justification to sustain the otherwise tainted exercise.

R. Subhash Reddy, J.

1. These Letters Patent Appeals are preferred under Clause 15 of the Letters Patent, aggrieved by interim order passed in Special Civil Application No. 11149 of 2015. When such appeals were listed for hearing, with consent of the learned advocates appearing for the parties, we have directed to list these appeals along with Special Civil Application itself. As such Special Civil Application itself is heard and is being disposed of along with the appeal by this order.

2. The Special Civil Application is filed under Article 226 of the Constitution of India, seeking writ of mandamus or any other appropriate writ, order or direction declaring Government Resolution No. Talati-102014-2294-N dated 03.07.2015 (by which Government has cancelled recruitment process for the post of Revenue Talati) as illegal and arbitrary with a further direction to the respondents to issue appointment orders to selected candidates from the select list which is already prepared.

2.1 In Gujarat Government service, there was a post, known as, Talati-cum-Mantri, which was under Panchayat Department. Talati-cum-Mantri was performing duties relating to maintenance, alteration and modification of land records, apart from various other duties of the Panchayat Department. Government of Gujarat has taken a policy decision to computerize the revenue record in the State of Gujarat as it was noticed that Talati-cum-Mantris, who were hitherto working under Gujarat Panchayat Department were over-burdened and it was decided to create new posts of Revenue Talati, which posts would be in full control of the Revenue Department. It was decided to allot the work of maintenance of revenue records, collection of revenue, etc. In all, 1800 posts were created by Government Resolution dated 23.10.2008. Government has also framed rules in exercise of powers under proviso to Article 309 of the Constitution of India for recruitment to the said posts. Ordinarily, recruitment to such posts is carried out by Gujarat Subordinate Service Selection Board (GSSSB), but when GSSSB was requested to do so, they have opined that it was not possible for the Board to undertake the aforesaid exercise, within the time-frame as decided by the State. Having regard to the urgency, decision was taken to fill up the newly created posts of Revenue Talati by the Department itself. A proposal to that effect was sent and the same was approved by the General Administration Department, and approval was granted vide Resolution dated 04.12.2013. Thereafter, Revenue Department had constituted Revenue Talati Recruitment Committee under the Chairmanship of Revenue Inspection Commissioner, who is the Ex-Officio Secretary; Collector, Ahmedabad and Collector, Gandhinagar as Members; and Joint Secretary (Services) of Revenue Department as a Member-Secretary of the Committee, to examine the method and various other aspects for such recruitment. The said Committee has decided to take assistance of Gujarat Technological University (GTU) for the purpose of recruitment, viz. for conducting examination. The University has accepted such proposal and advertisement to fill 1500 posts of Revenue Talati was published in local newspaper. It was also placed on the website of the State Government on 15.01.2014 and the examination was held on 16.02.2014.

3. One day earlier to examination, viz. 15.02.2014 a complaint was lodged bearing F.I.R. No. 46 of 2014 before Sector-7 Police Station, Gandhinagar which was registered under section 406, 420 and 144 of the Indian Penal Code against one Kalyansinh Mulsinh Champavat and another Nileshbhai Umeshbhai Shah. The complaint was to the effect that they had accepted money from some of the candidates who were to appear in the examination of Revenue Talatis by giving them assurance that they would see that those candidates are appointed. Further information was received from the Police Department that a case has been registered pursuant to such complaint and those tw