IMPORTANT POINT
Trivial errors in examination processes should not lead to disqualification, especially when they do not affect the overall results.

ORDER :

(Vaibhavi D. Nanavati, J.) :

1. Heard Mr.Vaibhav Vyas, learned advocate appearing for the petitioners and Mr.G.M. Joshi, learned Senior Counsel appearing with Mr.R.D. Kinariwala, learned advocate for the respondent.

2. Since the issue involved in the present petitions is identical and in view thereof, at the request made by the learned advocates appearing for the respective parties, both these petitions are heard analogously and are decided by a common order. Special Civil Application No.21786 of 2023 be treated as lead matter.

3. Briefly stated, respondent herein, on administrative side, issued an advertisement No.RC/1434/2022(II) inviting online applications for centralized recruitment to the post of Assistant for the Subordinate Courts in the State of Gujarat for 1778 posts on 27.04.2023, which is duly produced at Annexure-B. In the stipulation provided in the said advertisement, the recruitment process for appointment on the post in question consist of (1) Elimination Test (Objective Type - MCQs — 100 marks — 1½ hours) (ii) Main Written Examination (Descriptive Type — 60 marks — 1 ½ hours, and (iii) Practical/ Skill Test (Typing Test - 40 — 10 minutes. The petitioners herein applied pursuant to the same and appeared in the elimination test, which was scheduled on 02.07.2023. The result of the same was declared on 10.11.2023, which is duly produced at Annexure-E.

3.1. The petitioners’ name did not figure in the said result and in view thereof, the petitioners approached the respondent – authority by representations representations dated 12.11.2023, 22.11.2023 and 29.11.2023. The said representations were not answered by the respondent – authority and in view thereof, the petitioners are constrained to file present petitions, praying for the following reliefs:-

“(A) Direct the respondent authorities to include the name of the petitioner in the list of candidates who have obtained minimum qualifying marks in the Elimination Test by checking/evaluating the OMR Answer Sheet of the petitioner in connection with advertisement No.RC/1434/2022(II), Annexure-B to this petition, and/ or

(B) Direct the respondent authorities to consider the candidature of the petitioner for appointment to the post of Assistant by including his name in the list of candidates who have obtained minimum qualifying marks in the Elimination Test in connection with advertisement No.RC/1434/2022(II), Annexure-B to this petition, and

(C) Pending admission and final disposal of this petition the Honourable Court may be pleased to direct the respondent authority to reconsider the case of the petitioner for recruitment to the post of Assistant in connection with the advertisement No. RC/1434/2022(II), Annexure-B to this petition, and

(D) Pending admission and final disposal of this petition the Honourable Court may be pleased to direct the respondent authority to consider and decide the representation of the petitioner dated 22.11.2023 and 29.11.2023, Annexure-F to this petition, and

(E) Pending admission and final disposal of this petition the Honourable Court may be pleased to direct the respondent authority to permit the petitioner to participate in the Main Written Examination in connection with the advertisement No.RC/1434/2022(II), Annexure-B to this petition, and

(F) Award the cost of this petition, and

(G) Grant any other relief or pass any other order which the Honourable Court may consider as just and proper in the facts and circumstances of the case.”

3.2. Notice came to be issued on 01.01.2024 whereby, following order was passed:-

“1. Heard learned Advocate Mr.Vaibhav Vyas for the petitioner, who by way of this petition inter alia challenges the decision of the respondents in not declaring the result of the petitioner in selection to the post of Assistant for subordinate Courts in the State of Gujarat, which selection had been conducted vide Advertisement No.RC/1434/2022(II).

2. Considering the submissions made by the learned Advocate for the petitioner, it