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NIRZAR S. DESAI
Vaishali Gagjibhai Variya – Appellant
Versus
Gujarat Public Service Commission – Respondent
JUDGMENT :
Nirzar S. Desai, J.
1. Considering the issue involved in the main matter, since, the learned Advocates for the parties agreed and prayed that instead of hearing Civil Application (for Amendment) No. 1 of 2024, the main matter be heard, the same is taken-up for hearing and final disposal along with the civil application for amendment, today.
2. Hence, Rule. Learned Advocate, Mr. Joshi, waives service for the Respondent – GPSC.
3. The brief facts of the case, as is pointed out by the learned Advocate, Mr. Vyas, appearing for the petitioner are that the present petitioner is serving in the GST Department of the State and she applied for the post of Gujarat Administrative Service Class-I, Gujarat Civil Service, Class – I & II and Gujarat State Municipal Chief Officers’ Service, Class-II, pursuant to the notification, bearing Advertisement No. 47/2023-24, issued by the Respondent - GPSC, whereby, 293 posts are sought to be filled-up.
3.1 Pursuant to the application made by the petitioner, she was issued a call letter on 26.12.2023 for appearing in the Preliminary Examination, which was scheduled to be held on 07.01.2024, indicating her seat number to be 107056711. The mode of exam
The court upheld the Respondent's decision to debar the petitioner from the examination due to serious misconduct, affirming adherence to natural justice principles.
Discharge of a probationer from service is not punitive if based on unsuitability, and non-furnishing of an inquiry report does not automatically vitiate the discharge unless prejudice is shown.
Imposition of minor penalty must adhere to the principles of natural justice and consider the employee's reply, as per Rule 16 of CCA Rules, 1966 and legal precedents.
Trivial errors in examination processes should not lead to disqualification, especially when they do not affect the overall results.
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