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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
NIKHIL S. KARIEL
Kush Rashmikantbhai Dave – Appellant
Versus
State Of Gujarat – Respondent
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 declared pursuant to a common selection process and since the submissions and questions of law are also identical, therefore, both the petitions are taken up for final hearing jointly.
3. Issue Rule returnable forthwith. Learned AGP / learned advocate waives service of Rule on behalf of the respective respondents.
4. As observed hereinabove, since a common issue has been raised, the facts of Special Civil Application No.20966 of 2023 are being referred to.
5. The facts leading to filing of the present petition in brief being that the petitioners had applied for selection, to the post of Sub-Inspector / Instructor, Grade III, under the Director, General Home Guards, Department of Home, Government of Gujarat, conducted by the Gujarat Subordinate Sele
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....
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