Gujarat High Court
Riyaz Yusufbhai Modan vs State Of Gujarat & 2 on 7 April, 2017
Author: R.Subhash Reddy
Bench: R.Subhash Reddy, Vipul M. Pancholi
C/LPA/533/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS PATENT APPEAL NO. 533 of 2017
In SPECIAL CIVIL APPLICATION NO. 2826 of 2017
With
CIVIL APPLICATION NO. 4729 of 2017
In
LETTERS PATENT APPEAL NO. 533 of 2017
==========================================================
RIYAZ YUSUFBHAI MODAN....Appellant(s)
Versus
STATE OF GUJARAT & 2....Respondent(s)
==========================================================
Appearance:
MR RITURAJ M MEENA, ADVOCATE for the Appellant(s) No. 1
MS DIMPLE A THAKER, ADVOCATE for the Appellant(s) No. 1
MR DHAWAN JAYSWAL, AGP for respondent No.1
==========================================================
CORAM: HONOURABLE THE CHIEF JUSTICE MR. R.SUBHASH
REDDY
and
HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI
Date : 07/04/2017
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MR. R.SUBHASH REDDY)
1. This Letters Patent Appeal is filed by the original petitioner in Special Civil Application No.2826 of 2017 aggrieved by the order dated 21.02.2017 passed by the learned Single Judge. By the aforesaid order, the learned Single Judge has dismissed the petition filed by the petitioner.
2. The aforesaid Special Civil Application was filed with the prayers which read as under:
"(A) Your Lordships may be pleased to admit and allow this petition;
(B) Your Lordships may be pleased to issue a writ of Certiorari or any other appropriate writ, order Page 1 of 4 HC-NIC Page 1 of 4 Created On Tue Aug 15 18:34:34 IST 2017 C/LPA/533/2017 ORDER direction quashing and setting aside the Interview result dated 12.01.2017 and further be pleased to hold that the petitioner is eligible candidate to be selected at the post of Assistant Professor-Rubber Technology;
(C) Pending admission, hearing and final disposal of this petition, your lordships may be pleased to stay execution, operation and implementation of the Result dated 12.01.2017 published by GPSC and recommending the government to appointment of the candidate for the posts of Assistant Professor(Rubber Technology);
(D) Such other and further reliefs as may be deemed fit by the Hon'ble Court."
3. The appellant herein, original petitioner, has completed his Master Degree in Engineering in Rubber Technology. He has been working as Assistant Professor at L.D.Engineering College from 19.10.2013 on contractual basis. The respondent-Gujarat Public Service Commission ('GPSC' for short) has published advertisement inviting applications to fill up two posts of Assistant Professor in Rubber Technology. The appellant has applied for the same. Selection criteria was notified to select the candidates by conducting interview. Interview Board consisted of a Member from the GPSC, apart from two other experts on the subject. The appellant has appeared for the interview, but he was not selected. One other candidate namely, Mr.Gnanu Ghanshyambhai Bhatt, who secured 51 marks, was recommended by the Government for appointment, whereas the petitioner, who secured 48 marks, was not selected for appointment, as is evident from the result sheet notified by the GPSC.
4. In this appeal, it is contended by the learned counsel for the appellant that though the appellant was having more experience than the recommended candidate, he was not considered while assessing the merit. Further, it Page 2 of 4 HC-NIC Page 2 of 4 Created On Tue Aug 15 18:34:34 IST 2017 C/LPA/533/2017 ORDER is submitted that out of two experts in the interview board, Mr. R.N.Desai has personal grudges against the present appellant, as he had preferred an RTI seeking details of sanctioned posts in the faculty. Due to such personal animosity and grudges, he was deprived of the selection by awarding lesser marks than he was entitled to.
5. Having heard the learned counsel for the appellant, we have perused the order passed by the learned Single Judge.
6. It is not in dispute that, as per the criteria notified for selection by the GPSC, interviews were conducted. The result sheet produced by the GPSC shows that five candidates have appeared in the interview. Merely because the appellant has not secured qualifying marks i.e. 50, it appears that the appellant has approached this Court by making allegations against one of the members of the interview board. The appellant, having faced the interview without raising an objection or demur, cannot rush now by questioning the selection process when he was not selected and recommended for appointment. In that view of the matter, and having regard to the reasons recorded in the order passed by the learned Single Judge, we do not find any merit in this appeal so as to interfere with the order passed by the learned Single Judge.
7. Letters Patent Appeal being devoid of any merits is dismissed. Accordingly, Civil Application No.4729 of 2017 stand disposed of.
(R. SUBHASH REDDY, CJ) Page 3 of 4 HC-NIC Page 3 of 4 Created On Tue Aug 15 18:34:34 IST 2017 C/LPA/533/2017 ORDER (VIPUL M. PANCHOLI, J.) RADHAN Page 4 of 4 HC-NIC Page 4 of 4 Created On Tue Aug 15 18:34:34 IST 2017