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N. V. ANJARIA, CHEEKATI MANAVENDRANATH ROY
Tejas Mahasukhlal Tankdr Tejas Mahasukhlal Tank – Appellant
Versus
Gujarat Public Service Commission Thru Chairman – Respondent
JUDGMENT :
N.V.ANJARIA, J.
Heard learned advocate Mr. Chirag Kakkad for the appellants, learned advocate Mr. Alkesh Shah for respondent No.1 Gujarat Public Service Commission and learned Assistant Government Pleader Ms. Shruti Dhruve for respondent State, at length.
2. By filing the present Letters Patent Appeal, the appellants-original petitioners have called in question the judgment and order dated 05.01.2022 of learned Single Judge whereby learned Single Judge dismissed the Special Civil Application.
2.1 What was prayed in the petition by the petitioners, twelve in numbers, was to direct the respondent authorities to fill up all 51 posts of Assistant Professor in the subject of physics, in the various Government Science Colleges, on the basis of the merit list and without subjecting the petitioners to fulfil the criteria of minimum cutoff marks prescribed in clause 14(4) of the general terms and conditions of the advertisement, pursuant to which, the posts were sought to be filled in.
2.2 Also prayed in the context, was to set aside the decision reflected in the Circular dated 31.03.2018, whereby the provision of cut-off marks was cancelled for posts in different subjects other than
The cancellation of minimum qualifying marks for the recruitment process and its discriminatory application to different subjects was set aside by the court.
Qualifying marks in recruitment are class-specific, allowing candidates to progress in selection regardless of their category, as per Articles 14 and 16 of the Constitution.
(1) Advertisement, made pursuant to a notification, binds parties – It has got all trappings of a statutory prescription unless it becomes contrary to either a rule or an Act – Change can only be bro....
An administrative decision does not always require a statutory sanction. For instance, it is well settled that for holding interviews for selection/admissions shortlisting can be done, and it is not ....
The court upheld the validity of minimum qualifying marks for recruitment as a discretionary power of the Commission, emphasizing administrative fairness and the principle that participation in the p....
Public Service Commission - Civil service Examination - Public Service Commission have no power to relax the recruitment norms - Public Service Commission have no power to relax the recruitment norms
Retrospective fixation of minimum qualifying marks after exam result declaration changes rules of game impermissibly; candidates in initial combined merit list entitled to consideration without such ....
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