S.G. Shah, J.

1. Heard learned advocate Mr. K.B. Pujara for the Petitioner, Mr. K.M. Antani, learned Assistant Government Pleader for Respondent No. 1 and Mr. Premal Joshi, learned advocate for Respondent No. 2. Perused the record.

2. The Petitioner herein has sought indulgence of this Court under Articles 14, 16, 19, 21 and 226 of the Constitution of India in the matter of recruitment for the Post of Gujarat Administrative Services Class I and Gujarat Civil Services Class I and Class II pursuant to advertisement issued by Respondent No. 1 being Gujarat Public Service Commission (For Short 'GPSC') on 10.6.2014 being advertisement No. 9/2014-15.

3. The Petitioner has, in background of the facts and circumstances pleaded and submitted before this Court, prayed for appropriate Writ, order or direction in following terms:

"[16] (a) to direct the Respondent No. 2 - GPSC to hold the Main Examination (written) for the optional paper - III for the subject of Geography for the Petitioner and other similarly situated total 14 candidates and giving them an opportunity to answer the said paper in Gujarati medium, for which the Petitioner is ready and willing to deposit any reasonable amount towards the costs as may be directed by this Hon'ble Court in the interest of justice;

(b) to direct the Respondent No. 2 - GPSC to examine and evaluate the Petitioner's paper of Optional Subject - Geology and to assign marks for the same to the Petitioner at the Main Examination (Written) held by GPSC for the Posts of Gujarat Administrative Service, Class I and Gujarat Civil Service, Class-I and II, pursuant to the Advertisement No. 09/2014-15 issued by GPSC on 10.6.2014, and to declare the Petitioner's result accordingly."

4. Petitioner has also prayed for interim relief to restrain the Respondents from declaring the result of the main examination and for interim relief to direct Respondent No. 2 to examine and evaluate the Petitioner's paper of Geology subject and to assign marks for the same to the Petitioner for the main examination (written) held by Respondent No. 2 and to declare the Petitioner's result accordingly, subject to further orders that may be passed in the present petition.

5. Therefore, practically, he has neither claimed to relax any condition of the selection process nor prayed to select him on any such Post for which he has applied, but simple prayer of the Petitioner is to the effect that when there was misconception or unavoidable situation in processing the application of the Petitioner and other similarly situated 14 persons by the Respondents, the Respondent should have accepted their mistake or misunderstanding and that they should permit the Petitioner to compete in the selection process. It is made clear that if Petitioner could not succeed in selection process, he may not get the job but denying the Petitioner or any other candidate to compete in the selection process would certainly amount to irregularity, arbitrariness and selectiveness which may result into illegality and denial of equal opportunity to similarly situated candidates for no fault on their part or for some lacuna in the process itself.

6. Therefore, at the outset, let it be made clear that the stand of the Respondent is not only misconceived but not applicable to the present case when they are relying upon the decision in the case of State of Jammu and Kashmir v. Ajay Dogra reported in 2011 (14) SCC 243. It is quite clear and obvious that if factual details or issue raised in the present petition is similar to the issue decided by the Hon'ble Supreme Court in such reported cases, then, Petitioner would have no case in their favour.

7. However, the scrutiny of the cited decision makes it clear that the Petitioners in such cited case have filed a Writ Petition before the High Court seeking relaxation of eligibility conditions, more particularly, prescribed physical standard since appointment was under Jammu and Kashmir Police Rules, 1960 and, thereby, phys