IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 5239 of 2019 With R/SPECIAL CIVIL APPLICATION NO. 5460 of 2019 With R/SPECIAL CIVIL APPLICATION NO. 5461 of 2019 With R/SPECIAL CIVIL APPLICATION NO. 5462 of 2019 With R/SPECIAL CIVIL APPLICATION NO. 5463 of 2019 With R/SPECIAL CIVIL APPLICATION NO. 5464 of 2019 With R/SPECIAL CIVIL APPLICATION NO. 5466 of 2019 With R/SPECIAL CIVIL APPLICATION NO. 5467 of 2019 With R/SPECIAL CIVIL APPLICATION NO. 5468 of 2019 With R/SPECIAL CIVIL APPLICATION NO. 5469 of 2019 With R/SPECIAL CIVIL APPLICATION NO. 5470 of 2019 With R/SPECIAL CIVIL APPLICATION NO. 5471 of 2019 With R/SPECIAL CIVIL APPLICATION NO. 5472 of 2019 With R/SPECIAL CIVIL APPLICATION NO. 5473 of 2019 With R/SPECIAL CIVIL APPLICATION NO. 5474 of 2019 With R/SPECIAL CIVIL APPLICATION NO. 5475 of 2019 With R/SPECIAL CIVIL APPLICATION NO. 5476 of 2019 With R/SPECIAL CIVIL APPLICATION NO. 5477 of 2019 With R/SPECIAL CIVIL APPLICATION NO. 5478 of 2019 With R/SPECIAL CIVIL APPLICATION NO. 5479 of 2019 With R/SPECIAL CIVIL APPLICATION NO. 5480 of 2019 With R/SPECIAL CIVIL APPLICATION NO. 5481 of 2019 With R/SPECIAL CIVIL APPLICATION NO. 5482 of 2019 With R/SPECIAL CIVIL APPLICATION NO. 5483 of 2019 With R/SPECIAL CIVIL APPLICATION NO. 5484 of 2019 With R/SPECIAL CIVIL APPLICATION NO. 5485 of 2019 With R/SPECIAL CIVIL APPLICATION NO. 5486 of 2019 With R/SPECIAL CIVIL APPLICATION NO. 5487 of 2019 ==========================================================

NILESHKUMAR HASMUKHBHAI PATEL Versus STATE OF GUJARAT ==========================================================

Appearance:

MR SP MAJMUDAR(3456) for the Petitioner(s) No. 1 RUSHABH H MUNSHAW(8958) for the Petitioner(s) No. 1 MR KAMAL TRIVEDI, ADVOCATE GENERAL WITH MR PREMAL R JOSHI(1327) for the Respondent(s) No. 2 MR MANAN MEHTA, AGP for the Respondent(s) No. 1 NOTICE SERVED BY DS(5) for the Respondent(s) No. 1 ==========================================================

CORAM: HONOURABLE MR.JUSTICE N.V.ANJARIA Date : 04/10/2019 COMMON ORAL ORDER Heard learned advocate Mr.S.P. Majmudar for the petitioners in all the petitions, learned Assistant Government Pleader Mr.Manan Mehta for respondent No.1 – State and learned Advocate General Mr.Kamal Trivedi assisted by learned advocate Mr.Premal Joshi for respondent No.2 – Gujarat Public Service Commission.

2. All the captioned petitions constituted a group in which the petitioners made same grievance and the prayers on similar line, extracting the prayers from Special Civil Application No.5239 of

2019.

(i) to set aside the Final answer key dated 06.02.2019, as well as the Revised Final Answer Key dated 21.02.2019 published by respondent – GPSC, so far as answer to the question 197 is stated and may further be pleased to hold that the correct answer of question no.197 of the question paper of series “E” is option (C) and not option (A).

(ii) to direct the respondent – GPSC to treat the answer given by the petitioner herein to question no.197 of question paper of Series “E” of the screening (preliminary) test held on 16.12.2018 as correct and may further be pleased to direct the respondent – GPSC to add the marks of the answer given by the petitioner herein to question 197 of question paper of series “E” of the screening (preliminary) test held on 16.12.2018 to the result of the petitioner herein.

(iii) to direct the respondent – GPSC to treat the petitioner herein as passed in the screening (preliminary) test held on 16.12.2018 and consequently consider the petitioner herein as eligible and allow the petitioner herein to appear in the main written examination to be held on 18.05.2019 and 19.05.2019 for the purpose of recruitment of Deputy Section Officer and Deputy Mamlatdar.

3. The grievance of the petitioners pertained to the preliminary examination offered to them in the process of recruitment to the post of Deputy Section Officer and Deputy Mamlatdars, which was advertised by the respondent No.2 – Gujarat Public Service