Gautamkumar Hamirbhai Solanki vs Gujarat Public Service Commission on 11 June, 2019

[Cites 0, Cited by 0]

Gujarat High Court

Gautamkumar Hamirbhai Solanki vs Gujarat Public Service Commission on 11 June, 2019

Bench: N.V.Anjaria

           C/SCA/2724/2018                                            ORDER




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 2724 of 2018
==========================================================
                GAUTAMKUMAR HAMIRBHAI SOLANKI
                             Versus
           GUJARAT PUBLIC SERVICE COMMISSION & 1 other(s)
==========================================================
Appearance:
MR SANDIP M PATEL(5649) for the Petitioner(s) No. 1
MR VAIBHAV A VYAS(2896) for the Petitioner(s) No. 1
MS KRINA CALLA, ASST.GOVERNMENT PLEADER/PP(99) for the
Respondent(s) No. 2
MR MANISH J PATEL(2131) for the Respondent(s) No. 1
NOTICE SERVED BY DS(5) for the Respondent(s) No. 2
==========================================================
 CORAM: HONOURABLE MR.JUSTICE N.V.ANJARIA
                                  Date : 11/06/2019
                                   ORAL ORDER

The candidature of the petitioner for the post of Assistant Professor (College Branch), Gujarat Education Service, ClassII, came to be rejected. The petitioner felt aggrieved thereby to file the present petition to seek a declaration that the petitioner was eligible to be considered for appointment to the post in question.

2. In separate Civil Application No.1 of 2018 filed in the main petition, this Court granted interim relief to the petitioner, permitting the petitioner to appear in the oral interview for the post, further directing that appearance of the petitioner would not Page 1 of 3 Downloaded on : Wed Jul 03 04:26:46 IST 2019 C/SCA/2724/2018 ORDER create any right or equity in his favour and that the result of the interview would be kept in sealed cover to be produced before the Court.

3. As per the said order, on 15.04.2019, learned advocate Mr.Manish J. Patel for the Gujarat Public Service Commission brought the sealed cover containing the result of the petitioner which was opened in the presence of learned advocate Mr.Vaibhav Vyas for the petitioner in the open Court in course of the proceedings. It was recorded in the order dated 15.04.2019 that the petitioner had failed in the interview as he obtained less marks than the marks provided as cutoff.

3.1 The above factum of failure of the petitioner was subsequently placed on record by the respondent GPSC on oath by filing affidavit dated 24.04.2019, stating that the petitioner's weighted marks of the preliminary examination was 06.78 and the weighted marks of the interview was 26.00, which made total weighted marks of 32.78. The petitioner who belonged to SC category could not obtain the necessary cutoff marks which was fixed as 51.82.

Page 2 of 3 Downloaded on : Wed Jul 03 04:26:46 IST 2019 C/SCA/2724/2018 ORDER

4. In view of the above facts emerging, learned advocate for the petitioner fairly conceded that the petition would not survive for any further prosecution.

5. Accordingly, the petition is disposed of. Notice is discharged. Interim orders, if any, stand vacated.

(N.V.ANJARIA, J) Gaurav+ Page 3 of 3 Downloaded on : Wed Jul 03 04:26:46 IST 2019

Unlock Advanced Research with PRISMAI

Gujarat High Court