Gujarat High Court
Bhanuprasad vs State on 22 July, 2011
Author: H.K.Rathod
Bench: H.K.Rathod
Gujarat High Court Case Information System
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SCA/16742/2010 11/ 11 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 16742 of 2010
With
CIVIL
APPLICATION No. 7398 of 2011
In
SPECIAL CIVIL APPLICATION No. 16742 of 2010
=========================================================
BHANUPRASAD
B PATEL - Petitioner(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================================
Appearance
:
MR
KB PUJARA for
Petitioner(s) : 1,
MR MAULIK NANAVATI, AGP for Respondent(s) : 1 -
2.
MS ROOPAL R PATEL for Respondent(s) :
3,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 22/07/2011
ORAL
ORDER
Heard learned advocates appearing on behalf of respective parties.
In this petition, petitioner has made following prayer in paragraph 17(a) to 17(f) :
"17(a) To quash and set aside the impugned decision of the GPSC in wrongfully excluding the petitioner from the final list of candidates to be called for oral interview for the posts of Vikasti Jatini Adarsh Nivashi Shala na Acharya, Varg-2 (Principal of Developing Castes Adarsh Residential Schools, Class-II) pursuant to Advertisement No.20/2008-09 dtd.10-12-2008 as reflected in the GPSC's impugned letter dated 13-12-2010 as per Annexure-D;
17(b) To hold and declare that the petitioner is possessing sufficient experience as required by the Advertisement No.20/2008-09 issued by GPSC for the post of Vikasti Jatini Adarsh Nivashi Shala na Acharya, Varg-2 (Principal of Developing Castes Adarsh Residential Schools, Class-II), in view of the qualification of Shiksha Visharad (equivalent to B.Ed.) of Allahabad Sahitya Sammelan obtained by the petitioner in the year 1999 and in view of the qualification of PDEM of M.S. University obtained by the petitioner in the year 2001, and accordingly the petitioner is entitled to be included in the final list of candidates to be called for oral interview, and to direct the respondents to finalise the selection process and make appointments on that basis;
17(c) To direct the GPSC to allow the petitioner to produce the certificate of Shiksah Visharad (equivalent to B.Ed.) of Allahabad Sahitya Sammelan passed by the petitioner in the year 1999 and the Certificate of PDEM of M.S. University obtained in the year 2001 and to further direct the respondents to consider the same for the purpose of deciding the petitioner's experience and merit and to complete the selection process and make appointments on the posts of Vikasti Jatini Adarsh Nivashi Shala na Acharya, Varg-2 (Principal of Developing Castes Adarsh Residential Schools, Class-II) pursuant to the Advertisement No.20/2008-09 dtd.10-12-2008 as per Annexure-A on that basis;
17(d) Pending the admission, hearing and final disposal of this petition, be pleased to direct the GPSC to allow the petitioner to produce the certificate of Shiksha Visharad (equivalent to B.Ed.) of Allahabad Sahitya Sammelan passed by the petitioner in the year 1999 and the Certificate of PDEM of M.S. University obtained in the year 2001 and to further direct the respondents to consider the same for the purpose of deciding the petitioner's experience and merit and to complete the selection process and make appointments on the posts of Vikasti Jatini Adarsh Nivashi Shala na Acharya, Varg-2 (Principal of Developing Castes Adarsh Residential Schools, Class-II) pursuant to the Advertisement No.20/2008-09 dtd. 10-12-2008 as per Annexure-A on that basis;
17(e) Pending the admission, hearing and final disposal of this petition, be pleased to restrain the respondents from proceeding further with the process of selection and appointment for the posts of Vikasti Jatini Adarsh Nivashi Shala na Acharya, Varg-2 (Principal of Developing Castes Adarsh Residential Schools, Class-II) pursuant to the Advertisement No.20/2008-09 dtd. 10-12-2008 issued by GPSC as per Annexure-A;
17(f) Pending the admission, hearing and final disposal of this petition, be pleased to direct the respondents to consider the petitioner as possessing sufficient experience as required by the advertisement for the post in question and to finalise the selection process accordingly."
In this petition, affidavit in reply is filed by respondent No.3, page
67. Against which, affidavit in rejoinder is filed by petitioner.
During pendency of this petition, one Civil Application No.6088 of 2011 has been prefered by present petitioner before this Court, wherein, this Court has passed following order on 31st May, 2011 :
"1. In this Civil Application, the original petitioner has prayed for the following reliefs:-
"(a) PENDING THE HEARING AND FINAL DISPOSAL OF THE MAIN PETITION BEING SCA NO. 16742/2010, to stay the operation of the amended list of candidates to be called for oral interview as per the Amendment dated 12-5-2011 and the Interview Programme issues by GPSC on 17-5-2011 as per Annexure-II colly. for the posts of Principal, Class-II, at Govt. Residential School for Socially and Educationally Backward Classes, Advertisement No.20/2008-09;
(b) PENDING THE HEARING AND FINAL DISPOSAL OF THE MAIN PETITION BEING SCA NO.16742/2010, to refrain the respondents from holding interviews and from taking steps for recruitment for the posts of Principal, CLass-II, at Govt. Residential School for Socially and Educationally Backward Classes, Advertisement No.20/2008-09;
IN THE ALTERNATIVE
(c) PENDING THE HEARING AND FINAL DISPOSAL OF THE MAIN PETITION BEING SCA NO.16742/2010, to direct the respondents to hold oral interview of the present petitioner and to consider his candidature along with all other candidates on 7-6-2011, 8-6-2011 and 9-6-2011 as per Annexure-II colly, subject to further orders that may be passed in the main petition;
(d) PENDING THE HEARING AND FINAL DISPOSAL OF THIS CIVIL APPLICATION, BE PLEASED to grant interim orders in terms of paragraph 8(a) and paragraph 8(b) and/or paragraph 8(c) above;
(e) to grant any other appropriate and just relief/s;"
2. The above referred reliefs are prayed for in the following factual background:-
2.1 In response to the advertisement No.20/2008-09 dated 10.12.2008 issued by the GPSC for 10 posts of Vikasti Jatini Adarsh Nivasi Shala na Acharya Varg-2, ( Principal, Class-II, at Govt. Residential School for Socially and Educationally Backward Classes), the petitioner applied for the same. Preliminary Test was held on 5.9.2009. Total 70 candidates, including the present applicant were declared successful in the result published by GPSC dated 12.11.2009. After about more than 1 year the GPSC informed the applicant by letter dated 13.12.2010 that on scrutiny of his application, though applicant was possessing the eligibility as per norms, he was not eligible to be called for oral interview because he does not possess sufficient experience and hence he is not included in the final list of candidates to be called for oral interview published on 29.11.2010.
In this background, applicant preferred petition being Special Civil Application No. 16742 of 2010. In the said petition, notice has been made returnable and the matter is under consideration before the learned Single Judge of this Court. At the time of issuance of notice, learned Single Judge has also clarified that any action taken by the respondent in the interregnum shall be subject to the final decision of the petition. This was way back in December, 2010. In the meantime, GPSC has, once again, altered the list of candidates to be called for oral interview by way of an amendment dated 12.5.2011 and it has also declared interview programme on 17.5.2011, whereby interview of 42 candidates have been arranged on 7th,8th and 9th June, 2011 respectively.
3. There is no doubt that the main petition is still pending for consideration and there is also no doubt that at the relevant time, it is clarified that any action taken by the respondent in interregnum shall be subject to the final outcome of the petition. However, considering the fact that now interviews are already fixed, no prejudice would be caused to GPSC at this stage if the applicant original petitioner is called for oral interview subject to certain terms and conditions. In that view of the matter, I deem it fit and proper to direct the respondent to call for the applicant original petitioner for oral interview on any one of the dates fixed by intimating him in writing. It is clarified that the result of the interview of the application original petitioner shall not be declared and shall be kept in sealed cover. The benefit of the result of the interview shall be extended to the applicant original petitioner subject to the final outcome of his main petition i.e. Special Civil Application No.16742 of 2010.
4. With these observations, this application stands disposed of. Direct service permitted."
In pursuance of aforesaid order passed by this Court in Civil Application No.6088 of 2011, petitioner was allowed to appear in oral interview and this Court has made it clear that result of interview of applicant - original petitioner shall not be declared and shall be kept in sealed cover.
Accordingly, respondent No.3 has complied directions issued by this Court and petitioner was permitted to appear in oral interview and his result is kept in sealed cover.
It is necessary to make clear that this Court has further directed that benefit of result of interview shall be extended to applicant - present petitioner subject to final outcome of main petition i.e. Special Civil Application No.16742 of 2010.
In view of that, today, learned advocate Ms. Roopal Patel brought to this Court sealed cover in respect of interview which was held on 9th June, 2011 and submitted sealed cover to this Court. This Court has taken a sealed cover given by learned advocate Ms. Roopal Patel in presence of all learned advocates appearing on behalf of respective parties.
It is necessary to consider that present petitioner prefers another application being Civil Application No.7398 of 2011 before this Hon'ble Court, where, following prayer is made by petitioner in paragraph 8(a) to 8(c) :
"8(a) to direct the respondents their agents and servants not to make any appointments on the posts of Principal, Class-II, at Govt. Residential School for Socially and Educationally Backward Classes, pursuant to the Advertisement No.20/2008-09, during the pendency and final disposal of the main petition being SCA no.16742/2010;
8(b) to direct the respondents their agents and servants to keep one post vacant for the petitioner while making appointments on the posts of Principal, Class-II, at Govt. Residential School for Socially and Educationally Backward Classes, pursuant to the Advertisement No.20/2008-09, during the pendency and final disposal of the main petition being SCA No.16742/2010;
8(c) Pending the hearing and final disposal of this civil application, be pleased to grant ad-interim order either in terms of para 8(a) or in terms of paragraph 8(b) above;"
In this civil application, no order has been passed by this Court.
However, learned advocate Mr. Pujara brought to notice of this Court, page 15, wherein, respondent No.3 Commission has declared result on 27th June, 2011, Annexure IV in respect of candidates those who are found to be selected.
According to aforesaid selection list dated 27th June, 2011, in all, ten candidates have been selected. Out of that, seven are from Open Category, two are from SEBC Category and one is from Scheduled Tribe Category. Two candidates are kept in waiting list in Common Category and one candidate is kept in waiting in SEBC Category. At page 16, result of petitioner has been kept in sealed cover.
Today, this Court has opened a sealed cover and selection committee has prepared a note dated 27th June, 2011. The said note dated 27th June, 2011 is quoted as under :
"Second Minutes of the meetings of the Commission held from 7th June to 9th June, 2011 (Total 03 days) to interview candidates for the posts of Principal, Government Residential School for S.E.B.C., Class II, (Advt. No.20/08-09).
2. Dr. Bhanuprasad B. Patel, bearing E-No.43, has been called for interview in view of Honourable Gujarat High Court's oral order dated 31/5/2011 in SCA No.16742/2010 filed by him. His result is accordingly kept in sealed cover and is to be declared after the petition is finally heard and decided by the Hon'ble High Court.
3. The Commission has awarded 23 marks to Dr. Bhanuprasad B. Patel. Accordingly, the Commission did not consider him suitable for the post.
4. His result should accordingly be declared after the above writ petition is finally heard and decided by the High Court.
5. Shri K.G. Vanzara, Director (Jt. Secretary), Developing Caste Welfare Department, Sachivalaya, Gandhinagar, remained present to assist the Commission as Govt. Nominee, Shri Dushyant Shukla, M.Com., M.Ed., Ph.D., Principal, M.N. Shukla College of Education Vishwabharati Bhavan, Bhaikakanagar, Thaltej, A'bad and Shri Sumanbhai V. Patel, M.A., M.Ed., Retd. Director of Education, Gandhinagar, remained present to assist the Commission as Adviser at the time of interview."
In view of aforesaid note of selection committee dated 27th June, 2011, respondent No.3 Commission has awarded 23 marks to petitioner. Accordingly, respondent No.3 Commission did not consider petitioner suitable for post in question.
Therefore, in light of aforesaid decision taken by selection committee dated 27th June, 2011 as referred above, present petitioner is not found suitable for post in question.
Therefore, accordingly, present petition is disposed of by this Court without expressing any opinion on merits.
When main matter is disposed by this Court today, no order is required to be passed in civil application, hence, Civil Application No.7398 of 2011 is disposed of.
However, it is open for petitioner to challenge decision of respondent No.3 Commission dated 27th June, 2011, wherein, respondent No.3 Commission did not consider petitioner suitable for post in question.
The decision which has been taken by respondent No.3 - Gujarat Public Service Commission is ordered to be taken on record. Today, this Court has returned original 'note' which has been passed by selection committee dated 27th June, 2011 and only office copy is taken on record by this Court.
Now, it is open for respondent No.3 - Gujarat Public Service Commission to take appropriate decision in accordance with law and accordingly, to publish result of petitioner.
Both covers which have been signed by members of selection committee along with office copy of result are ordered to be taken on record.
[H.K. RATHOD, J.] #Dave Top