Gujarat High Court
Ghodasara Mamta Alwishbahi vs Gujarat Public Service Commission & 12 on 1 April, 2016
Author: R.Subhash Reddy
Bench: R.Subhash Reddy, Vipul M. Pancholi
C/CA/3085/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL APPLICATION (FOR DIRECTION) NO. 3085 of 2016
In LETTERS PATENT APPEAL NO. 1103 of 2015
In SPECIAL CIVIL APPLICATION NO. 1100 of 2015
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GHODASARA MAMTA ALWISHBAHI....Applicant(s)
Versus
GUJARAT PUBLIC SERVICE COMMISSION & 12....Respondent(s)
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Appearance:
MR NIKHIL S KARIEL, ADVOCATE for the Applicant(s) No. 1
MR DHAWAN M JAYSWAL, AGP for the Respondent(s) No. 2
MR DG SHUKLA, ADVOCATE for the Respondent(s) No. 1
MR PRABHAKAR UPADYAY, ADVOCATE for the Respondent(s) No. 13
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CORAM: HONOURABLE THE CHIEF JUSTICE MR. R.SUBHASH
REDDY
and
HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI
Date : 01/04/2016
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MR. R.SUBHASH REDDY) Respondent no.14 in the Letters Patent Appeal No. 1103 of 2015 has filed this Civil Application seeking direction, to direct the opponent no.1-Gujarat Public Service Commission to forward the name of the present applicant for appropriate consideration and for offering letter of appointment.
Page 1 of 4HC-NIC Page 1 of 4 Created On Sat Apr 02 02:50:55 IST 2016 C/CA/3085/2016 ORDER Heard Mr.Nikhil Kariel, learned counsel appearing for the applicant and also Mr.D.G. Shukla, learned counsel appearing for the 1st respondent-Gujarat Public Service Commission.
It is categorically stated in the application that the cut-off marks for general (female) category are 387 marks and the same is not disputed. It is also stated in the application that the applicant has secured 410 marks. So far as the SEBC candidates and SC candidates who secured more than the cut-off marks, also filed similar applications in which directions were issued in modification of the earlier interim order and further orders are passed to consider such candidates for the purpose of recommendations of appointment who have secured the marks more than the cut-off marks.
Having regard to the marks secured by the applicant, it is clear that she has secured more than the cut-off marks even for general (female) category.
Taking into account the earlier interim orders passed by this Court in a group of matters and having regard to the fact that the applicant secured 410 marks, in general (female) category Page 2 of 4 HC-NIC Page 2 of 4 Created On Sat Apr 02 02:50:55 IST 2016 C/CA/3085/2016 ORDER which are more than the cut-off marks of 387 marks for general (female) category, in modification of the earlier interim orders, there shall be a direction to the respondent-Gujarat Public Service Commission to forward the name of the applicant who has secured 410 marks in general (female) candidates category, to the government for appropriate consideration, for offering her appointment in accordance with law. The GPSC as well as the State Government shall specifically mention in the appointment order that such appointment shall be subject to the final order that may be passed in the main Letters Patent Appeal and cognate matters and seniority will also be finalized only after the final orders are passed in the Letters Patent Appeals. It is made clear that the applicant shall not claim any equity of appointment pursuant to this order at the time of disposal of the main Letters Patent Appeals.
Subject to the above directions, the Civil Application stands disposed of. Direct service is permitted.
(R. SUBHASH REDDY, CJ) Page 3 of 4 HC-NIC Page 3 of 4 Created On Sat Apr 02 02:50:55 IST 2016 C/CA/3085/2016 ORDER (VIPUL M. PANCHOLI, J.) Srilatha Page 4 of 4 HC-NIC Page 4 of 4 Created On Sat Apr 02 02:50:55 IST 2016