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(k) Pending admission, hearing and final disposal, to restrain Respondent-GPSC from holding Main Examination and from taking any actions in furtherance of the impugned result of Preliminary Examination (Objective Type) declared on 20.8.2015 as Annexure-G;

(l) Pending admission, hearing and final disposal, to HC-NIC Page 5 of 28 Created On Wed Aug 17 02:15:42 IST 2016 direct the GPSC to place on record full particulars about the disciplinary actions and other actions taken against any persons, employees and officers of GPSC and others who are responsible for the mistakes committed in the Question papers and in the Answer Keys of the papers of Preliminary Examination (Objective Type) held pursuant to the Advertisement No.9/2014-15.

(m) to direct the respondent to pay the cost of Rs.15,000/- to each of the petitioners and to grant any other appropriate and just relief/s."

4. One of the reliefs sought by the original petitioners in the petition was seeking direction against GPSC to allow the candidates to the main examination at least 25 times of the notified vacancies pursuant to advertisement No.9/2014-15 dated 10.06.2014. Preliminary examination of Objective Type was conducted on 12.10.2014. About 2,43,000 candidates have appeared in the examination including the writ petitioners. Preliminary examination was only for the purpose of screening and shortlisting of the candidates and the marks secured in such examination were not to be counted for final selection. As per the rules which were in force at the time of notification, GPSC declared that on the basis of result of preliminary examination, the candidates to the extent 6 times of vacancies would be admitted in the main examination. The examination was conducted in the languages of Gujarat and English. Some of the candidates opted for HC-NIC Page 6 of 28 Created On Wed Aug 17 02:15:42 IST 2016 English Medium, whereas majority of candidates opted for Gujarati Medium. After conducting preliminary examination on 12th October 2014, GPSC has published provisional answer keys of all papers on 21st October, 2014, and invited candidates to submit their objections and suggestions. Large number of objections and suggestions were received from the candidates by GPSC. According to the case of the writ petitioners there were many mistakes in the questions and also in the answer keys. The GPSC declared final answer keys of all the three papers on 23rd March 2015 and the GPSC also made a declaration to the following effect:

7. Pursuant to the public notice published in newspapers, some of the successful candidates including the appellants herein have been impleaded as party-respondents and they have put forward their objections. Before the learned Single Judge, on behalf of the GPSC, it was pleaded that 27 questions were found to be incorrect and one at a later stage, that means, in all 28 questions, but at the same time, to rectify the mistake, the GPSC had alloted 40 marks at random to all the candidates. It was pleaded that to conduct fresh preliminary examination is a mammoth task and prayed the Court not to cancel the examination. The State Government, while supporting the stand of the GPSC also pleaded that if fresh examination is ordered, it may take considerably long period of time and the Government HC-NIC Page 9 of 28 Created On Wed Aug 17 02:15:42 IST 2016 is very desperate and wants to fill up the posts in question.

15. Recruitment to the posts of Gujarat Administrative Service, Class-I and Gujarat Civil Service, Class-I & Class-II are HC-NIC Page 18 of 28 Created On Wed Aug 17 02:15:42 IST 2016 covered by the rules framed under the proviso to Article 309 of the Constitution of India, which are titled as Gujarat Civil Services (Class-I & II), Competitive Examinations Rules, 2000. It is true that originally, as per the said Rules, candidates equivalent to 15 times of the number of vacancies were to be called for the main examination, but subsequently, in the year 2013, by way of amendment, the word 'fifteen' was amended to 'six'. The learned senior counsel appearing for the appellants brought to the notice of this Court that a petition was filed by way of Writ Petition (PIL) No.289 of 2014, wherein advertisement dated 10.06.2014 was the subject matter of challenge and one of the contentions in the writ petition was amendments made by virtue of notification dated 31.12.2013 amending the rules as illegal. In the said writ petition the State Government has taken the stand that final examination may not be too large and to get the best candidates selected, such amendments were made. In view of the above, the said Writ Petition (PIL) was dismissed by the Division Bench of this Court. It is true that as per the original rules which were in force on the date of notification, the rule permitted candidates only 6 times of the vacancies for the purpose of final examination, but after advertisement was issued, preliminary examination was conducted, after publication of provisional answer keys, several objections came to be filed disputing the correctness of the questions or key answers prepared by the GPSC. In that view of HC-NIC Page 19 of 28 Created On Wed Aug 17 02:15:42 IST 2016 the matter the GPSC itself has taken decision to award 40 marks in random to all the candidates, but at the same time further questions arose for consideration when the same is the question by way of Special Civil application before the learned Single Judge, such award of marks by itself will not cure the defect and it was their case that by virtue of such defective questions and key answers, several candidates have lost opportunity, but otherwise, who were to be qualified for the main examination. Having regard to one of the prayers made in the petition, wherein directions were sought to direct the GPSC to permit the candidates for the main examination equivalent to 25 times number of vacancies, such issue was considered by the learned Single Judge having regard to the peculiar situation arisen. It is also to be noted at this point of time that it was the plea of the GPSC that to conduct fresh preliminary examination is a mammoth task as much as more than 2,43,000 candidates have appeared in the examination. Having regard to such a situation, decision was taken to call for candidates 25 times of the vacancies for the main examination. While it is true that there is no policy decision on paper as projected in the order, but there is notification dated 10.03.2016 issued by the Government by adding proviso to para 'A' under the heading "Preliminary Examination". The Notification reads as under: