Nileshkumar Hasmukhbhai Patel vs State Of Gujarat on 4 October, 2019

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Gujarat High Court

Nileshkumar Hasmukhbhai Patel vs State Of Gujarat on 4 October, 2019

Bench: N.V.Anjaria

C/SCA/5239/2019                               ORDER




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


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         C/SCA/5239/2019                                       ORDER



           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 Page 2 of 6 Downloaded on : Fri Oct 04 23:49:17 IST 2019 C/SCA/5239/2019 ORDER 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 Page 3 of 6 Downloaded on : Fri Oct 04 23:49:17 IST 2019 C/SCA/5239/2019 ORDER 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 Commission (GPSC). The process consisted of two stages, namely holding of preliminary test/screening test and conducting of the main examination.

3.1 The challenge in these petitions were with regard to the scrutiny of the answers in the question paper of the screening test. For the same, Answer Keys were provided by the respondent No.2 - GPSC. According to the petitioners, Provisional Answer Key contained wrong answers as far as the six questions. The petitioners asserted that the answers given by them were correct. As noted above, the screening test was to follow by the main examination in the second stage.

3.2 By order dated 02nd April, 2019 all the petitioners were permitted to allow to submit their on-line forms for the main examination which was scheduled at that juncture, on the ground that if the petitioners were not to be allowed to take the said examination, their petitions would become infructuous without being tried on merits. The petitioners were therefore permitted to appear in the main examination without prejudice to rights of any of the parties and without creating for the petitioners any right or equity. Their result was ordered to be kept in sealed cover.

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3.3 After the petitioners appeared in the main examination, when the matter was listed on 16th September, 2019, learned advocate for the GPSC has brought the sealed cover containing the result of the main examination of the petitioners, the sealed cover was permitted to be opened and the following order was passed on that day.

"Pursuant to order dated 02nd April, 2019, the petitioners were permitted to appear in the main examination and the results were directed to be kept in sealed cover.

2. Today when the matter was called out, learned advocate Mr.Premal Joshi for the respondent - Gujarat Public Service Commission stated that officer is present in the court with the sealed cover. The same is opened in the presence of learned advocate Mr.S.P. Majmudar for the petitioners and learned Assistant Government Pleader Mr.Manan Mehta for the respondent - State.

3. After opening of the sealed cover, it was stated by learned advocate for the respondent - GPSC that out of the petitioners in the above petitions, petitioner of Special Civil Application No.5488 of 2019 has cleared the examination, whereas other petitioners have failed.

4. Respondent - GPSC shall place the aforesaid factum of results of the petitioners in the main examination by way of affidavit before the next date."

4. Thus, the petitioners who were permitted to appear in the main examination, did not clear the same as revealed from the result, information of which was disclosed before the Court as above. The GPSC has also filed affidavit in Special Civil Application No.5460 of 2019 confirming the factum obtained after opening of the sealed cover that all the petitioners have failed in the main examination except the petitioner of Special Civil Application No.5488 of 2019. The said Special Civil Application Page 5 of 6 Downloaded on : Fri Oct 04 23:49:17 IST 2019 C/SCA/5239/2019 ORDER No.5488 of 2019 is not forming captioned petitions as the said petitioner has passed the main examination.

5. In view of the failure of the petitioners of the captioned petitions in the main examination, learned advocate for the petitioners fairly stated that no further prosecution would survive for any of the petitions in any of the petitions.

6. At this stage, learned advocate for the petitioners requested that marks of the petitioners who have failed in the main examination may be intimated by the GPSC by providing the marks to them. The request being reasonable, GPSC shall intimate and make available the marks to each of the petitioners.

7. Accordingly, all the petitions stand disposed of as not surviving. Interim orders stand vacated. Notice is discharged.

(N.V.ANJARIA, J) Anup Page 6 of 6 Downloaded on : Fri Oct 04 23:49:17 IST 2019

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