JUDGMENT :

R.M. Chhaya, J.

1. Feeling aggrieved and dissatisfied by the common judgment and order passed by the learned Single Judge dated 24.09.2019 in Special Civil Application No. 12362 of 2018 and cognate matters, the appellants preferred this intra-court appeal.

2. Heard Mr. T.R. Mishra, learned advocate for the appellants and Mr. Tirthraj Pandya, learned Assistant Government Pleader on advance copy of respondent No. 2.

3. The following facts emerge from the record of the appeal.

3.1. Pursuant to the advertisement No. 133/2017-18 to 137/2017-18, the appellants-original petitioners applied for the post of Live Stock Inspector online. It is the say of the appellants that the appellants fulfilled all requisite qualifications as per the advertisement that appeared in the web-site and it is also a matter of fact that all the appellants are female candidates. The main grievance raised by the appellants in the writ petition was that the passing marks irrespective of any community whether belonging to SC/ST ABC, OBC, physically handicapped or female is 40% as per the advertisement. As the record indicates that out of the total posts, 67 posts were reserved for female general candidate, 9 posts were reserved for scheduled castes female candidate and 20 posts were reserved for scheduled Tribes female candidate and 36 posts were reserved for Socially and Economically Backwards class community female candidates, out of total 400 posts which were advertised. It is the case of the appellants, relying upon the circular dated 29.09.2015 issued by the State of Gujarat in General Administration Department that in case of female candidates, 10% marks may be reduced from the standard marks of 40%. The appellants who appeared for the written examination secured less than 40% and therefore, the present grievance is raised that there should be relaxation in order to see that they are qualified, the petitioners approached this Court by way of the present writ petition and inter-alia prayed as under.

"(A) Your Lordships be pleased to issue an order, direction and/or writ in the nature of mandamus and/or certiorari and/or any other appropriate writ, order or direction, holding and declaring the impugned action of not granting relaxation upto 10% in the passing marks to female candidate, as illegal, arbitrary, discriminatory and violative of Articles 14 & 16 of the Constitution of India;

(B) Without prejudice to the rights and contention, by way of interim relief, this Hon'ble Court be pleased to issue direction to the respondents to permit the petitioners to appear in the Computer Proficiency Test, scheduled to be held on 11.08.2018."

4. As the learned Single Judge has dismissed writ petitions. One of the petition is the subject matter of the present appeal.

5. Mr. T.R. Mishra, learned advocate for the appellants has taken this Court through the observations made by the learned Single Judge in Para-10 of the judgment and has also taken this Court to the advertisement at Annexure-A, wherein it was harped by Mr. Mishra, learned advocate for the appellants that though 40% is prescribed there is an inherent provision that it can be relaxed. Mr. Mishra, learned advocate for the appellants has almost reiterated the contentions, which were raised before the learned Single Judge, as can be seen from the observations made by the learned Single Judge. Relying upon the communication dated 29.09.2015 of the General Administration Department addressed to the Gujarat Subordinate Service Selection Board i.e. respondent No. 1 herein, it was contended that 10% less in respect of women category or category of ex-service men can be provided for. Mr. Mishra, learned advocate also relied upon Clause-7 of the minutes of the meeting of respondent No. 1 dated 27.08.2014 and contended that this has not been adhered by the authorities in undertaking the selection. Mr. Mishra, learned advocate has also relied upon the resolution dated 01.08.2018 and has submitted that the even acco