Back
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
NIKHIL S. KARIEL
Kush Rashmikantbhai Dave – Appellant
Versus
State Of Gujarat – Respondent
| Table of Content |
|---|
| 1. overview of petitions questioning selection results. (Para 1 , 2 , 5 , 6) |
| 2. petitioners argue for aggregate mark interpretation. (Para 7 , 8) |
| 3. state's interpretation requires subject-wise minimum passing marks. (Para 9 , 10) |
| 4. court formulates key questions for interpretation. (Para 11 , 14 , 15) |
| 5. court analyzes the recruitment rules. (Para 16 , 17 , 18 , 19) |
| 6. court interprets literal meaning of the rules. (Para 20 , 21 , 22 , 23) |
| 7. purpose of subject-wise assessment in selection criteria. (Para 24 , 25) |
| 8. supreme court precedent on minimum marks interpretation. (Para 26 , 27 , 28) |
| 9. clarification of selection process rules. (Para 29 , 30 , 31 , 32) |
| 10. final ruling concluding the petition rejection. (Para 33 , 34 , 35) |
JUDGMENT :
NIKHIL S. KARIEL, J.
1. Heard learned advocate Ms. Megha Jani and learned advocate Mr. Dhruv Toliya for the petitioners of Special Civil Application No.20966 of 2023 and 11655 of 2023 respectively, learned Government Pleader Mr. Gurusharan Virk with learned AGP Ms. Dharitri Pancholi for the respondent State and learned advocate Mr. Jay S. Thakker for the respondent Nos. 5 to 10.
2. Since both the petitions are questioning the result decla
Minimum qualifying marks must be obtained in each subject rather than an aggregate score; changes to recruitment criteria cannot be made after the process has commenced.
(1) Appointment of District Judges – “No change in the rule midway” dictum has become an integral part of service jurisprudence – If precluding a candidate from appointment is in violation of recruit....
Introduction of new benchmarks in a selection process is permissible if justified by public interest and does not prejudice candidates.
The introduction of a minimum marks benchmark in a selection process is permissible if justified by public interest and does not cause prejudice to candidates.
Introduction of new benchmarks in a selection process is permissible if justified by public interest and does not prejudice candidates, despite the general principle against changing rules mid-proces....
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
The court clarified that subject-wise qualifying marks cannot be enforced post-examination as it contradicts the established selection rules, emphasizing the necessity for procedural clarity and comp....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
