Kartik Rameshbhai Patoliya vs State Of Gujarat on 15 May, 2019

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Gujarat High Court

Kartik Rameshbhai Patoliya vs State Of Gujarat on 15 May, 2019

Bench: Biren Vaishnav

        C/SCA/9292/2019                                   ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/SPECIAL CIVIL APPLICATION NO. 9292 of 2019

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                     KARTIK RAMESHBHAI PATOLIYA
                                Versus
                          STATE OF GUJARAT
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Appearance:
MR VAIBHAV A VYAS(2896) for the Petitioner(s) No. 1
NOTICE SERVED BY DS(5) for the Respondent(s) No. 1,2
DR. VENUGOPAL, AGP for the Respondent-State
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 CORAM: HONOURABLE MR.JUSTICE BIREN VAISHNAV

                           Date : 15/05/2019
                            ORAL ORDER

This Court issued a notice on 9th May, 2019.

Notice was made returnable on 14th May, 2019 i.e. yesterday.

Though served, none appeared yesterday i.e. 14.5.2019 or today for the respondent No.2Gujarat Public Service Commission.

It is the case of the petitioner that an advertisement was issued in September, 2018 for recruitment to the post of Deputy Section Officer and Deputy Mamlatdar ClassIII. By the said advertisement, in all 412 post were sought to be filled up, out of which 39 posts were reserved for the candidates belonging to physically handicapped category to which, the petitioner belongs to.

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It is the case of the petitioner that the petitioner obtained 72.02 marks whereas cut off marks is 75.51%.

It is the case of the petitioner that candidate with much less marks to the extent of 59.64% are considered to be eligible for appearing in the main examination, who belongs to Physically Handicapped candidate of ST category and candidate with 66.27% marks is considered eligible for ST category candidate.

I am conscious of the fact that last date of submission of application of the main examination has passed on 4.4.2019. In absence of any opposition from the GPSC, without treating it as a precedent, the petitioner is permitted to appear in the main examination scheduled to be held on 19th May, 2019 subject to further order that may be passed.

Stand over to 20th May, 2019.

It is made clear that by virtue of this interim order, permission for the petitioner to appear in the main examination shall not create any equity in his favour.

It is further clarified that this order shall not be treated as a precedent.

Direct service today is permitted.

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