Back
2019 Supreme(Guj) 1113
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
A.S. SUPEHIA, J.
Patel Sureshkumar Lalitkumar and Ors. – Appellants
Versus
State of Gujarat and Ors. – Respondents
Special Civil Application No. 21988 of 2016
Decided On : 14-06-2019
Advocate Appeared:
For the Appellant :Shalin Mehta, Sr. Advocate and Hemang M. Shah
For the Respondents: Manisha Lavkumar, GP, Ronak Raval, AGP, Hardik D. Mehta, G.M. Joshi, Mamta R. Vyas and Vatsal S. Parikh
Point of Law:
Recruitment process changing rules of the game during selection process or when it is over are not permissible
Headnote:
Service Matter – Recruitment - Decision taken by the Selection Committee of respondent No. 2, after declaration of the result of written examination and document verification stage by which, the cutoff marks for general category came to be reduced to 40%, whereas for all reserved categories (including female) the cut-off marks was fixed at 35%.
Facts of the Case:
Petitioners are candidates, who had applied in the recruitment process undertaken for appointment of Supervisor Instructor, in various Industrial Training Institutes across the State. The said posts are to be filled in through the direct recruitment
Finding of the Court:
If any horizontal reservation is to be applied, the candidate concerned has to meet with the merit of the other candidates in the respective category. If only sufficient number of candidates are not available or accommodated, the recruiting agency may go further down but with the condition that in no case, such action of going further down will go below the cut-off marks for the respective category and if any relaxation has been provided, only upto the relaxed limit provided for such purpose
Result: Petition allowed
ORDER :
A.S. Supehia, J.
1. In the present writ petition, the petitioners have challenged the decision taken by the Selection Committee of respondent No. 2, after declaration of the result of written examination and document verification stage by which, the cutoff marks for general category came to be reduced to 40%, whereas for all reserved categories (including female) the cut-off marks was fixed at 35%.
2. On 27.12.2016, the respondent No. 2 declared the select list as well as waiting list by complying with the decision taken by the selection committee. In view of implementation of such decision, the petitioners, who have scored higher marks than the initially prescribed cutoff marks (i.e. 60% = 180 marks) do not find their names in the select list and waiting list, whereas the candidates (especially female candidates) having lesser marks than the petitioners as well as lesser than the initial prescribed cut-off marks, are placed in the select list and waiting list.
3. The brief facts of the case are as under:
3.1. The petitioners are candidates, who had applied in the recruitment process undertaken for appointment of Supervisor Instructor, Class-III in various Industrial Training Institutes across the State. The said posts are to be filled in through the direct recruitment.
3.2. The respondent No. 1 has framed the rules regulating the recruitment of the post of Supervisor Instructor (Engineering Trade, Non-Engineering Trade), Class-III in the sub-ordinate service of respondent No. 2, which are known as Supervisor Instructor (Engineering Trade, Non-Engineering Trade), Class-III, Recruitment Rules, 2015.
3.3. The respondent No. 2 has issued an advertisement No. DET/201516/1 to DET/201516/15 for the purpose of filling up 1226 vacant posts of Supervisor Instructor (Engineering Trade, Non-Engineering Trade), Class-in. The salient features of the advertisement are as under:
(A) cut-off marks:
Two papers of 150 marks each(total 300 marks). Out of 300 marks, the cut-off marks for General Category would be 60%, which is equivalent to 180 marks and any one scoring less than 180 marks would not be considered as pass. Cut-off marks for Socially and Educationally Backward Class is 57% (171 marks, whereas, cut-off marks for Scheduled Caste and Scheduled Tribe would be 55% (165 marks). Anyone scoring less than that would not be entitled for appointment.
(B) Reservation:
Reservation of 33% for female candidates against concerned category. In the event of non-availability of female candidates, such vacant post shall be filled up. by male candidates from the concerned category.
- Reservation of 3% for physically handicapped candidates. In the event of non-availability of physically handicapped candidates, such vacant posts shall be filled up by suitable candidates.
- Reservation of 10% for ex-servicemen against the relevant category. In case of non-availability of ex-servicemen candidates, such vacant posts shall be filled up by suitable candidates from the relevant category.
3.4. In addition to the aforesaid, the respondent No. 2 has also issued an advertisement No. DET/201516/101 for the purpose of filling up 189 vacant posts Supervisor Instructor (employability skill). The salient feature of the advertisement is as under:
(A) Cut-off marks:
Two papers of 150 marks each (total 300 marks). Out of 300 marks, the cut-off marks for General Category would be 60%, which is equivalent to 180 marks and any one scoring less than 180 marks would not be considered as pass. Cut-off marks for Socially and Educationally Backward Class is 57%(171 marks, whereas, cut-off marks for Scheduled Caste and Scheduled Tribe would be 55% (165 marks). Anyone scoring less than that would not be entitled for appointment.
3.5. The respondent No. 2 had to fill up 1415 vacant posts of Supervisor Instructor, pursuant to the aforesaid advertisements, the petitioners have filled in the online application forms. The last date for submission of the applications was 14.10.2015, which had b
