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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
VIKRAM NATH, J.B. PARDIWALA, JJ.
Tamannaben Ashokbhai Desai – Appellant
Versus
Shital Amrutlal Nishar – Respondent
R/Special Civil Application No. 18968 of 2018, Civil Application (For Stay) No.1 of 2019, R/Letters Patent Appeal No. 1910 of 2019, F/Letters Patent Appeal No. 42492 of 2019, Special Civil Application No. 18654 of 2018
Decided on : 05-08-2020
The Gujarat Civil Services (Reservation of Posts for Women) Rules, 1997 (Rules, 1997) and the Gujarat Civil Services (Reservation of Posts for Women) (Amendment) Rules, 2012, provide for reservation for women in public services and posts in connection with the affairs of the State. The Rules, 1997 were amended by the Amendment Rules, 2012, which introduced a method of applying the reservation for women. The Government Resolution dated 01.08.2018, issued by the General Administration Department (GAD) of the Government of Gujarat, clarified certain issues/doubts that arose in the matter of application of Special (Horizontal) Reservation for women in public service and posts in connection with the affairs of the State.
Fact of the Case:
The Gujarat Public Service Commission (GPSC) published its final result of the competitive examination for the posts of Police Inspector (Unarmed), Class-II. The final result consisted of Part-I-List of candidates to be recommended to the Government for appointment and Part-II-Marks obtained by the unsuccessful candidates. The original writ applicants challenged the inclusion of certain candidates in the select list and the exclusion of others, arguing that the GPSC had not correctly applied the provisions of the Rules, 1997, the Amendment Rules, 2012, and the Government Resolution dated 01.08.2018. The learned Single Judge allowed the writ applications and directed the GPSC to prepare a fresh select list in accordance with the principles laid down by the Supreme Court in Rajesh Kumar Daria vs. Rajasthan Public Service Commission, (2007) 8 SCC 785.
Finding of the Court:
The Division Bench of the Gujarat High Court quashed and set aside the Government Resolution dated 01.08.2018, holding that it was contrary to the principles of law explained by the Supreme Court in its various decisions. The Court held that the Rules, 1997 read with the Amendment Rules, 2012 and Clauses 12 and 13 respectively of the Resolution dated 01..08.2018 do not stand in consonance and congruity with the principles propound by the Supreme Court in Rajesh Kumar Daria (supra). The Court further held that the learned Single Judge erred in law in reaching the conclusion that the Rules, 1997 read with the Amendment Rules of 2012 and Clauses 12 and 13 respectively of the Resolution dated 01.08.2018 stand in consonance with the principles propounded by the Supreme Court in Rajesh Kumar Daria (supra).
Issues: 1. Whether the Government Resolution dated 01.08.2018, issued by the GAD of the Government of Gujarat, was valid and in accordance with the principles of law laid down by the Supreme Court? 2. Whether the learned Single Judge erred in law in allowing the writ applications and directing the GPSC to prepare a fresh select list in accordance with the principles laid down by the Supreme Court in Rajesh Kumar Daria vs. Rajasthan Public Service Commission, (2007) 8 SCC 785?
Ratio Decidendi: 1. The Court held that the Government Resolution dated 01.08.2018 was contrary to the principles of law explained by the Supreme Court in its various decisions and was, therefore, quashed and set aside. 2. The Court held that the learned Single Judge erred in law in reaching the conclusion that the Rules, 1997 read with the Amendment Rules of 2012 and Clauses 12 and 13 respectively of the Resolution dated 01.08.2018 stand in consonance with the principles propounded by the Supreme Court in Rajesh Kumar Daria (supra).
Final Decision: The Division Bench of the Gujarat High Court quashed and set aside the Government Resolution dated 01.08.2018 and the impugned judgment of the learned Single Judge. The Court directed the GPSC to prepare a fresh select list in accordance with the principles laid down by the Supreme Court in Rajesh Kumar Daria vs. Rajasthan Public Service Commission, (2007) 8 SCC 785.
JUDGMENT :
J.B.PARDIWALA, J.
1. As the issues raised in both the captioned appeals are the same and the challenge is also to the selfsame judgment and order passed by the learned Single Judge, those were heard analogously and are being disposed of by this common judgment and order.
2. For the sake of convenience, the Letters Patent Appeal No.1910 of 2019 is treated as the lead matter.
3. This appeal under Clause 15 of the Letters Patent is at the instance of the original Respondents Nos.3, 4, and 5 respectively of a writ application and is directed against the judgment and order passed by a learned Single Judge of this Court dated 29.11.2019 in the Special Civil Application No.18654 of 2018 and allied petitions, by which, the learned Single Judge allowed the writ applications and issued directions to the Gujarat Public Service Commission.
4. The facts, giving rise to this litigation, may be summarized as under;
4.1 The respondent No.5 herein-Gujarat Public Service Commission came up with a public advertisement dated 15th July, 2017 for the recruitment to the 115 posts of the Police Inspector (Unarmed). It appears that the State Government has framed rules called the Gujarat Civil Services (Reservation of Posts for Women) Rules, 1997 (for short “the Rules, 1997”), providing for reservation for women in the public services and posts in connection with the affairs of the State. The relevant Rule 2 provides as under;
Notwithstanding anything contained in any rules or orders relating to recruitment to public services and posts in connection with the affairs of the State :
(a) there shall be reserved in favour of women belonging to the Scheduled Castes thirty percent of the posts reserved in favour of such Castes;
(b) there shall be reserved in favour of women belonging to the Scheduled Tribes thirty percent of the posts reserved in favour of such Tribes;
(c) there shall be reserved in favour of women belonging to the Socially and Educationally Backward Classes thirty percent of the posts reserved in favour of such Classes;
(d) there shall be reserved in favour of women thirty percent of the posts not being posts reserved in favour of the Scheduled Castes; Scheduled Tribes and Socially and Educationally Backward Classes.
Explanation. For the purposes of these rules.
(a) "Scheduled Castes" means such castes , races or tribes or parts of groups within such castes, races or tribes as are deemed to be Scheduled Castes , in relation to the State of Gujarat under Article 341 of the Constitution of India.
(b) "Scheduled Tribes" means such tribes or tribal communities or parts of or groups within such tribes or tribal communities as are deemed to be Scheduled Tribes in relation to the State of Gujarat under Article 342 of the Constitution.
(c) "Socially and Educationally Backward Class" means such castes, classes or groups as are determined by the State Government as Socially and Educationally Backward Class under Government Resolution, Labour, Social Welfare and Tribal Development Department No. BCR10734H, dated the 1st April, 1978, as amended from time to time.”
4.2 The materials on record further indicates that the State Government, by the Gujarat Civil Services (Reservation of Posts for Women) (Amendment) Rules, 2012, amended the Rules, 1997 by inserting Rule 3 therein. The newly added Rule 3 provides for the method of the application of the reservation for women. The newly added Rule 3 reads as under;
(1) The reservation of posts for women shall be horizontal and compartmentalized and women selected on merit within the vertical reservation quota in any category mentioned in clause (a) to (d) of rule 2 shall be counted against the horizontal reservation for women within that category.
Explanation:
(I) Horizontal and compartmentalized reservation means res
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