ORAL ORDER

1. Heard learned advocate Mr.Rutvij Oza with learned advocate Mr.Dhruv Desai on behalf of the petitioner and learned Assistant Government Pleader Mr.Sahil Trivedi on behalf of the respondent – State.

2. By way of this petition, the petitioner has sought for a direction to the respondents to allow the petitioner to appear in a Computer Based Recruitment Test for the post of Forest Guard scheduled on 26-27.02.2024.

3. Considering the submissions made by learned advocate Mr.Oza, it would appear that the petitioner had applied for appearing in the selection process for the post of Forest Guard and whereas the petitioner had been issued with an admit card on 01.02.2024 which admit card has clearly mentioned that a candidate will have to come with the identity proof at the admission center being either Aadhar Card, Voter Card, Driving License, Passport or Pan Card. It was also clearly mentioned that the identity card which should be brought by the candidate should be in original.

3.1. It would appear that the petitioner had reached the venue of the examination which was to be held on 16.02.2024 and whereas the petitioner had a photocopy of the Aadhar Card with him which was not accepted. It would appear that even the petitioner had download a copy of the Aadhar and whereas the respondents had not accepted the same as the examination had commenced.

3.2. Learned advocate would submit that the petitioner though did not follow the instructions properly, yet, since he could only download the Aadhar after five minutes of the examination commencing, therefore, he was not permitted to appear. Learned advocate would submit that the examination is scheduled to be held even on 27.02.2024 i.e. tomorrow and therefore, the respondents may be directed to permit the petitioner to appear in the same.

4. As against the same, learned AGP Mr.Trivedi would submit that the instructions in the admit card were very specific. It is submitted that the petitioner having not complied with the instructions was even provided an opportunity for downloading the e-Aadhar Card and whereas, by the time the petitioner download it, the examination commenced hence, the concerned official had not permitted the petitioner to sit in the examination.

4.1. It is submitted by learned AGP Mr. Trivedi that since the petitioner did not follow the instructions properly, no fault would be found with the respondents and whereas it is further submitted that as of now, permitting the petitioner to appear in the examination inspite of the petitioner being himself at fault, would open floodgates for litigation on this aspect as regards the said examination process as well as other examination process. Learned AGP would therefore submit that this Court may not entertain the present petition.

5. Heard learned advocate Mr.Oza for the petitioner and learned AGP Mr.Trivedi for the respondent – State. While it would appear that there is no quarrel on the fact that the petitioner himself did not comply with the instructions of the admit card and whereas the only identity card which the petitioner had produced at the examination center was a duplicate of the Aadhar Card, thus, the issue with regard to the respondents not being at fault stands clarified more particularly since it is the petitioner himself who had not followed the instructions as per the admit card.

5.1. Insofar as the aspect of the petitioner being permitted to appear on the next date of examination, in the considered opinion of this Court, the same cannot be accepted. Once the respondents have clarified the schedule of examination which is to be taken for approximately more than 800 posts, permitting the present petitioner to appear in the examination inspite of the fact that the petitioner had not followed the instructions, in the considered opinion of this Court, would be laying down a wrong precedent. The petitioner had all the opportunity to have verified the admit card and follow the instructions very carefully, if t