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2025 Supreme(Guj) 1231

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SUNITA AGARWAL, C.J., D.N.RAY, J.
 
Gnaneshwary Dushyantkumar Shah - Appellant 
Versus
State Of Gujarat & Ors. - Respondent 
R/Letters Patent Appeal No. 866 of 2025 In R/Special Civil Application No. 1156 of 2016
Decided on : 06-08-2025 

Advocates Appeared:
For the Appellant : PARTY IN PERSON
For the Respondent: MR. SANJAY UDHWANI, MR HARSHEEL D SHUKLA

Recruitment processes must strictly adhere to established rules to ensure transparency and correct candidate evaluation.

Headnote:(A) Gujarat Civil Service and Classification and Recruitment (General) Rules, 1967 - AICTE Regulations, 2012 - Recruitment for the post of Professor, Plastic Engineering - The Interview Committee's failure to follow prescribed procedures for evaluating candidates allegedly resulted in improper recommendations. (Paras 1-19)

(B) Administrative Law - Public Service Commission's obligation to maintain transparency and consistency in recruitment practices - Misleading statements made under oath necessitate scrutiny and potential perjury proceedings. (Paras 4, 12)

Facts of the case:
The appellant challenged the non-recommendation for the post of Professor, asserting flaws in the recruitment process conducted by the GPSC due to absence of clear marking and evaluation process.

Findings of Court:
The court noted the lack of evidence supporting the marks allocation process and the inadequate assessment of suitability based on the recruitment rules.

Issues: The key issues addressed include identification of proper recruitment procedures and the issue of misleading statements in affidavits submitted to the court.

Ratio Decidendi: The court concluded that the recruitment process was not conducted as per the mandated rules and that misleading statements may result in legal consequences for the individuals involved.

Result: The matter was adjourned for further submissions on the applicability of regulations.

Table of Content
1. documentation and eligibility for interview process. (Para 1 , 2 , 3)
2. assessment and procedure irregularities in the selection process. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18)
3. adjournment for clarification on regulations applicability. (Para 19)
4. directions for further proceedings. (Para 20 , 21)

JUDGMENT :

SUNITA AGARWAL, J.

1. Having noted by the order dated 25.07.2025, noticing the statement made in the affidavit of the Deputy Secretary, Gujarat Public Service Commission (GPSC), we have summoned the entire original record pertaining to the selection for the post in question, specifically for the interview held on 17.12.2015. When the matter was taken up today, the original record has been produced before us by Mr. Harsheel D. Shukla, learned advocate appearing for Gujarat Public Service Commission (GPSC).

2. We may note that a requisition No. GEC-112015-1029–GH dated 05.08.2015 was sent by the Deputy Secretary, Education Department, Government of Gujarat notifying one (1) vacancy of the post in question namely the Professor, Plastic Engineering, which has been categorized in the general category. By another communication No. GEC-112015- M.P./Professor-KH dated 05.08.2015, in total 13 applications of eligible candidates were forwarded for assessment of suitability of the candidates for different posts which include one (1) application for Professor, Plastic Engineering.

3. We may also note that the interview program notified under the signature of I/c. P. S. to Chairman, GPSC dated 03.12.2015, which is at page no. ‘323/C’ of the original record, which is the same as brought on record by the petitioner at page no. ‘Z – 24’ of the paper-book, and the requisition dated 05.08.2015 sent by the Secretary, Education Department, Government of Gujarat to the Secretary, GPSC record that only one eligible candidate was called for the interview held on 17.12.2015 for the post of Professor, Plastic Engineering, Class – I at Government Engineering College against advertisement No. 49/2015-16.

4. From a perusal of the aforesaid documents from the original record, it is evident that the statement made by the officer posted as Deputy Secretary, GPSC in the affidavit (paragraph no. 3.6) dated 27.11.2017, that after scrutiny of applications, two candidates satisfying the eligibility criteria were called for the personal interview for the said post, is clearly misleading. The officer of GPSC who is the deponent of the affidavit dated 27.11.2017, is required to furnish his explanation by filing his personal affidavit to explain as to why proceedings for perjury be not initiated against him for making a false statement on oath before this Court.

5. A further perusal of the original record of interview namely minutes of the meeting of interview held on 17.12.2015, prepared and signed under the signature of the Secretary on 18.12.2015 placed before us indicates that :-

“Minutes of the meeting of the Committee held on 17th December, 2015 to interview candidate for the post of Professor, Plastic Engineering in Govt. Engineering College, Guj. Education Service, (C.B.), Class-I, Advt. No. 49/2015-16.

2. The Committee consisted of the Chairman, Member Shri J.J. Shiyani and Member Dr. Shruti Kikani.

3. Only 01 candidate was called for interview and she remained present.

4. There is only 01 post for General category (unreserved). The Committee did not consider the candidate suitable for recommendation to the Government. The statement showing marks obtained in Viva-Voce by the unsuccessful candidate is also attached herewith.

5. The Committee regrets its inability to recommend any candidate for the 01 post as no suitable candidate was available for the same.

6. Shri A.M. Prabhakar, Principal, Govt. Engineering College, Modasa, remained present to assist the Committee as Government Nominee. Dr. Pradip Upadhyay, Principal, Central Institute of Plastic Engg. and Technology, Ahmedabad and Dr. R.N. Jagtap, Professor

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