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2022 Supreme(Guj) 152

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
NIKHIL S. KARIEL, J.
Freeda Ramesh Taral - Appellant
Versus
State of Gujarat - Respondent
R/Special Civil Application No. 8551 of 2020
Decided on : 14-03-2022

Advocates:
Advocate Appeared:
For the Appellant :Ms. Megha Jani(1028) with Mr. Sanjay Udhwani, Advocate.
For the Respondent:Ms. Dharitri Pancholi, Mr. Shivang J. Shukla, Mr. Rashesh Rindani, Advocate with Mr. Javed S. Qureshi

Headnote:

Constitution of India, 1950 - Article 226 - Recruitment to posts of Gujarat Administrative Service - Petitioner has sought for quashing and setting aside of Corrigendum to final result for Advertisement for recruitment to posts of Gujarat Administrative Service, Class-I, Gujarat Civil Services Class-I and Class-II, and Gujarat Municipal Chief Officer, Class-II, issued by respondent No.2- Gujarat Public Service Commission to extent that such modified result declares petitioner unsuccessful with reference to revised cut off for Scheduled Tribes (female) category - Whether it would be competent for this Court to issue a mandamus to State directing State to give appointment to both petitioner and respondent No.4 – Held, Court finds that in above referred decisions, Hon'ble Apex Court, had balanced competing interest, more particularly on account of peculiar circumstances in each case and also most relevant consideration that in none of case proposed ouster of any candidate was on basis of any fault on part of candidate - In above referred cases, Hon'ble Supreme Court had permitted continuance of appointment given to candidates who had subsequently been declared ineligible for appointment - As noted hereinabove, foremost consideration which weighed with Hon'ble Apex Court was fact that candidate concerned had not committed any deception and appointment or subsequent ineligibility could not in any manner be attributable to candidate - This Court having elaborately noted hereinabove peculiar circumstances of present case and also having noted hereinabove fact of neither of candidates being responsible for present position which if not remedied would ultimately adversely affect career prospects of either candidate who might not be directed to be appointed - Petition stands disposed of.

JUDGMENT :

1. Heard learned Advocate Ms. Megha Jani with learned Advocate Mr. Sanjay Udhwani for the petitioner, learned AGP Ms. Dharitri Pancholi for the respondent Nos. 1 and 3, learned Advocate Mr. Shivang Shukla for the respondent No.2 and learned Advocate Mr. Rashesh Rindani with learned Advocate Mr. Javed Qureshi for the respondent No.4.

2. Rule returnable forthwith. Learned Advocates waive service of Rule for the respective respondents.

3. With consent of learned Advocates for the parties, the present petition is taken up for final hearing.

4. By way of this petition, the petitioner has sought for quashing and setting aside of Corrigendum dated 23.01.2020 to the final result for Advertisement No.40/2018-19 for recruitment to the posts of Gujarat Administrative Service, Class-I, Gujarat Civil Services Class-I and Class-II, and Gujarat Municipal Chief Officer, Class-II, issued by the respondent No.2- Gujarat Public Service Commission to the extent that such modified result declares the petitioner unsuccessful with reference to revised cut off for Scheduled Tribes (female) category. The said prayer is sought for in context of the facts mentioned in the petition which are stated briefly hereinafter.

5. The respondent No.2 - Gujarat Public Service Commission (for short "GPSC") had published the Advertisement No.40/2018-2019 for recruitment to the posts of Gujarat Administrative Service, Class-I, Gujarat Civil Services Class-I and Class-II, and Gujarat Municipal Chief Officer, Class-II (hereinafter to be referred as "the advertisement'). The advertisement listed total of 294 vacancies and whereas 48 vacancies were reserved for Scheduled Tribes candidates, of which in horizontal reservation, 14 vacancies were to be filled in by female candidates of the Scheduled Tribes category. The petitioner as well as the private respondent No.4 herein both are belong to Scheduled Tribes (female) category. The scheme of the selection envisaged two examinations i.e. preliminary examination and main examination, the main examination consisted of two successive stages i.e. written examination and oral interview. The petitioner and respondent No.4 both being desirous of competing for selection had applied and whereas preliminary examination was conducted on 21.10.2018 and the result for the preliminary examination was declared on 10.12.2018, both the petitioner as well as respondent No.4 have cleared the preliminary examination. Thereafter, the GPSC had conducted the main examination and whereas initially the main (written) examination was conducted in February-March, 2019 and whereas result thereof was declared on 27.05.2019, whereby a list of candidates for oral interview had been published. The GPSC had conducted interview in the month of June-2019 and whereas the GPSC had published the final result on 04.07.2019 in which the petitioner had been shown in the select list at Serial No.293, the said select list consisting of 293 candidates. It appears that certain modifications were made by the GPSC to the result by issuing a Corrigendum within two days from declaration of the result vide Corrigendum dated 06.07.2019.

5.1 It is the case of the petitioner that after her name figured in the select list, respondent No.3 issued a letter dated 04.09.2019 to the candidates including the petitioner who were recommended for the post of Government Labour Officer (Class-II) by the respondent No.1 calling such candidates for document verification. The petitioner who at the relevant point of time was working as a Anganvadi Supervisor, Class-III at Padara, District Vadodara, upon receiving the communication dated 04.09.2019, had submitted resignation to the District Development Officer, who vide communication dated 13.09.2019 had accepted the same, more particularly taking into consideration the communication dated 04.09.2019 by the respondent No.3. It is the case of the petitioner that respondent No.3 had issued order of appointment to 20 candidates of the 28 ca

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