IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 5216 of 2025 ==========================================================

PATEL ANKITABEN DHARMESHKUMAR D/O PATEL PRAKASHBHAI Versus STATE OF GUJARAT & ANR.

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Appearance:

VATSAL S PARIKH(7452) for the Petitioner(s) No. 1 MS DEVANSHI PATEL, GOVERNMENT PLEADER for Respondent(s) No. 1 MR PRANAV K TRIVEDI(9735) for the Respondent(s) No. 2 ==========================================================

CORAM: HONOURABLE MR. JUSTICE NIRZAR S. DESAI Date : 30/03/2026

ORAL ORDER

1. Heard, learned Advocate, Mr. Parikh, for the petitioner, learned AGP, Ms. Patel, for the Respondent-State and learned Sr. Advocate, Mr. P.G. Desai, assisted by learned Advocate, Mr. Trivedi, for Respondent No.2.

1.1 Learned Counsels appearing for the respective parties jointly submitted that that have arrived at a consensus and upon their consensus, the following order is passed;

(1) The present issue concerns the selection to the post of laboratory assistant in Respondent No.2-Institute of Kidney Disease and Research Center. In the respondent Institution, there were 93 posts for laboratory assistant which were vacant and for that purpose, an advertisement was issued on 14.04.2023. The petitioner filled up the form in EWS category. As per respondent No.2-Institution, 167 candidates were called for the verification of the documents on different dates.

(2) It is submitted by the learned Senior Advocate appearing for respondent No.2 that 135 candidates came for the document verification. It is borne out from the record that 110 candidates were informed on 04.09.2024 for submitting the documents on 12.09.2024. The 46 candidates were informed on 28.01.2025 by mail to submit the certificate on 29.01.2025. Three candidates were informed by mail on 18.02.2025 to submit the documents by 19.02.2025, and 8 candidates were sent the mail on 19.02.2025 for submitting the documents on 20.02.2025.

(3) From the affidavit in reply filed by the Institute, it is borne out that 167 candidates were informed through mail to remain present for document verification. Out of total 167 candidates, 135 candidates remained present and verified the documents, whereas 32 candidates remained absent for document verification.

(4) The petitioner was informed by email on 28.01.2025 for document verification on 29.01.2025, but the petitioner did not remain present. The Institute appointed total 101 candidates and remaining candidates were placed in a waiting list.

(5) The petitioner filed the above-mentioned petition challenging the action of the respondent for preparing the final merit list and prayed for quashing and setting aside the final merit list made on 11/13.03.2025. The grievance of the petitioner is that the petitioner was not given enough time for submitting the documents and the merit list was pronounced, and the petitioner was not considered on the ground that he has not submitted the documents on the given date, though otherwise as per marks petitioner was qualified.

(6) When the matter was taken up for hearing, this Court requested the learned Senior Advocate appearing for respondent-Institution to look into the issue, more particularly, the dire need of laboratory assistants by the respondent institution and also on account of the fact that probably a via media could have been found out if the Institution so desirous.

(7) It would appear that today, learned Senior Counsel Mr. Desai, under instructions of the institution, would submit that the institution would be ready and willing to accommodate the petitioner in general category subject to certain conditions, as the posts of EWS category have already been filled up and there are vacancies in general category. To which learned counsel under instructions states that, the petitioner has no objection to be appointed in general category.

(8) Learned Senior Counsel would further submit that this Court may pass appropriat