Gujarat High Court
Pragnesh vs Gujarat on 13 December, 2011
Author: Anant S. Dave
Bench: Anant S. Dave
Gujarat High Court Case Information System
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SCA/17941/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 17941 of 2011
=========================================
PRAGNESH
K GAJJAR - Petitioner(s)
Versus
GUJARAT
PUBLIC SERVICE COMMISSION THRO ITS CHAIRMAN & 1 - Respondent(s)
=========================================
Appearance
:
MR VAIBHAV A VYAS for
Petitioner(s) : 1,
None for Respondent(s) : 1,
MS JIRGA JHAVERI
ASST. GOVERNMENT PLEADER for Respondent(s) :
2,
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CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 13/12/2011
ORAL
ORDER
1. This petition under Article 226 of the Constitution of India is filed by the petitioner seeking writ of mandamus and other appropriate order, direction to quash and set aside the decision of the Gujarat Public Service Commission of rejecting the candidature of the petitioner for recruitment on the post of Dy. Director, Industrial Safety and Health, Class-I pursuant to advertisement No. 25 of 2008-2009 and ancillary prayers have been made accordingly.
2. It is not in dispute that for the post in question as above, the petitioner had applied for in social economically backward category (SEBC) and due to dispute about non-creamy layer certificate obtained by the petitioner before the elimination test, the petitioner preferred an application to the Commission (GPSC) requesting to treat his candidature in general category. The petitioner appeared in the elimination test conducted by GPSC and result was published on 30th April, 2011 where the candidature of the petitioner was rejected by the respondent-Commission without affording any opportunity of hearing to the petitioner.
3. In the above backdrop of factual aspects, learned advocate for the petitioner would contend that before elimination test the petitioner had already intimated the Public Service Commission to treat his candidature in general category and therefore, irrespective of the pending dispute about non-creamy layer certificate the petitioner could have been considered against the category of open merit/general category. It is further submitted that due to certain personal grudge against the father of the petitioner who was Chairman of Gujarat Public Service Commission from period from 19.2.2004 to 14.2.2005 some vested interest decided to ruin the carrier of the petitioner and, therefore, show cause notice dated 23.9.2011 is issued seeking an explanation from the petitioner that why the petitioner be not treated as ineligible in respect of even other three advertisements also. The above show cause notice is, therefore, illegal and such an arbitrary action on the part of the authority deserves to be quashed and set aside. It is also submitted that earlier in writ petition being Special Civil Application No. 14005 of 2011, the Court had issued notice and even before that certain directions were given on 30th August, 2011 in Special Civil Application No. 12980 of 2011 to decide the representation submitted by the petitioner. Therefore, when the competent authority namely Director, Tribal Development, State of Gujarat is to take decision, order of cancellation of non-creamy certificate by Dy. Collector cannot come in the way of denying selection of the petitioner on the ground of dispute pertaining to non-creamy layer certificate. It is, therefore, submitted that prayers made in this petition be granted and appropriate direction be given as prayed for.
4. On perusal of the material on record as produced along with petition, order dated 27.10.2010 passed by Dy. Collector, Vadodara, has considered the merit of the case and after relying on various Government Resolutions, notifications and documentary evidence produced by the petitioner after hearing him on eight different counts the decision is taken and the above aspect remained undisputed inasmuch as the father of the petitioner was Chairman of Gujarat Public Service Commission and even prior to that he was holding Class-I post in the State of Gujarat and was not entitled for benefit of reserve category namely SEBC and issuance of non-creamy layer certificate by the Mamlatdar was absolutely illegal. That Gujarat Public Service Commission, an autonomous constitutional body has now decided to issue show cause notice and accordingly the petitioner is asked to explain that why he is not to be debarred and to be held ineligible to compete in various examinations of Gujarat Public Service Commission. Such exercise of issuance of show cause notice cannot be said to be in any manner unreasonable, arbitrary, discriminatory or in any manner contrary to law and violative of Article 14 of the Constitution of India warranting any interference of this Court in exercise of powers under Article 226 of the Constitution of India.
5. This petition lacks merit and is summarily rejected with no order as to costs.
[ANANT S. DAVE, J.] //smita// Top