Bamaniya Mukundkumar Fulsingbhai vs Gujarat Subordinate Services ... on 18 January, 2018

[Cites 0, Cited by 0]

Gujarat High Court

Bamaniya Mukundkumar Fulsingbhai vs Gujarat Subordinate Services ... on 18 January, 2018

Bench: N.V.Anjaria

                   C/SCA/497/2018                                                   ORDER




                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      SPECIAL CIVIL APPLICATION NO. 497 of 2018

         ==========================================================
                BAMANIYA MUKUNDKUMAR FULSINGBHAI....Petitioner(s)
                                     Versus
               GUJARAT SUBORDINATE SERVICES SELECTION BOARD &
                               1....Respondent(s)
         ==========================================================
         Appearance:
         MR TR MISHRA, ADVOCATE for the Petitioner(s) No. 1
         MR RASESH RINDANI, AGP for the Respondent(s) No. 2
         NOTICE SERVED BY DS for the Respondent(s) No. 1 - 2
         ==========================================================

          CORAM: HONOURABLE MR.JUSTICE N.V.ANJARIA

                                      Date : 18/01/2018

                                           ORAL ORDER

Heard learned advocate Mr.T.R. Mishra for the petitioner and learned Assistant Government Pleader Mr.Rasesh Rindani for respondent No.2 who appears on service of notice although without any reply affidavit having been filed so far.

2. The petitioner aspires to be appointed to the post of Additional Assistant Engineer. In the recruitment process, petitioner appeared in the written examination and secured 33.75%. The cut-off and passing standard is 40% and petitioner falls short of the said passing standard, therefore he is not called for second stage examination of Computer Proficiency as per his case.

Page 1 of 3

HC-NIC Page 1 of 3 Created On Thu Jan 18 23:38:53 IST 2018 C/SCA/497/2018 ORDER

3. The petitioner belongs to Scheduled Tribe category. The contention coming-forth on part of the petitioner is that the cut-off line is kept uniform for all the categories. It is contended that when petitioner belongs to reserved category, there should be different cut-off line than described for the general category candidates.

4. What is pressed by learned advocate for the petitioner is that Computer Proficiency Test to commence on 22nd January, 2018 and if the petitioner is not permitted to appear in the said test, he may lose for his case at the outset, it being tried on merits. On the other hand, it is not possible to express any final opinion on the contention of the petitioner in absence of reply on behalf of the authorities on record.

5. Without going into any aspect of merits of the case of the petitioner and without expressing any opinion on merits of the case of the petitioner, it is directed that petitioner shall be allowed to appear in the Compute Proficiency Test, which is the second stage in the examination. The respondent authorities shall permit the petitioner to appear in the Computer Proficiency Test, however result of the petitioner shall not be declared and shall be kept in sealed cover and produce the same on the record of the petition.

6. However, it is clarified that permission as granted above, shall not create any right or equity in Page 2 of 3 HC-NIC Page 2 of 3 Created On Thu Jan 18 23:38:53 IST 2018 C/SCA/497/2018 ORDER favour of the petitioner. This is only to ensure that the petition does not become infructuous at the threshold.

7. With the aforesaid ad-interim relief granted, it is directed that the respondent authorities shall file their reply before the next date.

Stand over to 30th January, 2018.

Direct service is permitted, today.

(N.V.ANJARIA, J.) Anup Page 3 of 3 HC-NIC Page 3 of 3 Created On Thu Jan 18 23:38:53 IST 2018

Unlock Advanced Research with PRISMAI

Gujarat High Court