RAMESHCHANDRA GOKULPRASAD PANDEY v. STATE OF GUJARAT
2018-01-09
BIREN VAISHNAV, M.R.SHAH
body2018
DigiLaw.ai
JUDGMENT : M.R. SHAH, J. 1. By way of this petition under Article 226 of the Constitution of India, the petitioners have prayed for the following reliefs. “13(B)issue appropriate writ, order or direction and be pleased to quash and set aside the mode and method of selection / recruitment procedure decided to be undertaken by respondent no.3 authorities i.e. for preparation of merit list and for assessment of comparative merits of the respective candidates for filling up various posts on the basis of the Advertisement no.1 to 14/2017-18 and 17 to 30/2017-18 in Government colleges by adopting procedure of assessing comparative merits and by taking decision to prepare the merit list solely on the basis of criteria of interviews of the respective candidates i.e. by allotment of 100% marks for the interviews only and, therefore, the said criteria and mode and method of selection of preparation of merit list may be declared as illegal, illogical, discriminatory, arbitrary, violative of principles of law laid down by the Hon’ble Courts and, therefore, the same may be quashed and set aside; (c) issue appropriate writ, order or directions and be pleased to hold that the respondents including respondent no.3 authorities have no right to prescribe their own eligibility criteria for treating the candidates as eligible for filling up the posts of Lecturer Selection Scale (Professor, Class I) as well as Lecturer Senior Scale (Reader, Class I) that too the criteria determined and fixed by respondent no.3 in respect of the experience of the respective candidates for filling up various posts which are running against the criteria prescribed under Recruitment Rules and, therefore, the eligibility criteria prescribed by the respondent authorities in respect of considering the experience of respective candidates which are running contrary to the criteria of experience prescribed under Recruitment Rules may be quashed and set aside and be pleased to issue appropriate writ, order or direction restraining the respondent authorities from undertaking recruitment for fillingup various posts on the basis of advertisement no.1 to 14/2017-18 and 30 to 17/2017-18 and action of respondent authorities of undertaking recruitment procedure without notifying or without declaring or without prescribing in advance the criteria of Selection and allotment of marks for assessment of comparative merits for preparation of merit list may be quashed and set aside and the respondent authorities be restrained from undertaking recruitment procedure for filling up the posts;” 2.
Today, when the present petition is taken up for further hearing the learned Advocates appearing for respective parties have stated at the Bar that present Special Civil Application is required to be disposed of in terms of the order passed by the Division Bench of this Court in Special Civil Application No.18303/2017 and other allied petitions. While disposing of the aforesaid Special Civil Application and other allied petitions, the Division Bench of this Court has observed, held and directed as under: “[5.0] In view of the subsequent development, which has taken place recorded hereinabove and in view of the Gujarat Public Service Commission Procedure (Amendment) Rules, 2017 coming into force with effect from 01/08/2016 by which the Gujarat Public Service Commission Procedure (Amendment) Rules, 2016 are amended as above and more particularly first proviso to Rule 4(2)(ii) stands deleted, as such, no further order is required to be passed in the present petitions except disposing of the present Special Civil Applications and by directing the GPSC to fill up all the post /posts in question by following the Gujarat Public Service Commission Procedure (Amendment) Rules, 2017, which shall come into effect from 01/08/2016. At this stage, it is required to be noted that as such after hearing the learned Advocates appearing on behalf of the respective parties, we were inclined to strike down the proviso to Rule 4(2)(ii) of the Gujarat Public Service Commission Procedure (Amendment) Rules, 2016 by which it permits the GPSC in exceptional cases to make appointment /selection of the candidates on the basis of the marks obtained in the oral interview alone, which had come into effect from 01/08/2016. However, in view of the stand taken by GPSC and the GPSC itself has now come out with the Gujarat Public Service Commission Procedure (Amendment) Rules, 2017 by which the earlier Gujarat Public Service Commission (Amendment) Rules, 2016 are amended to the extent above, GPSC is directed now to fill up all the posts by selection after 01/08/2016 by following the substituted /amended Rules, more particularly, as per Gujarat Public Service Commission Procedure (Amendment) Rules, 2017.” 3. In view of the above, present Special Civil Application stands disposed of in terms of the aforesaid order passed by the Division Bench of this Court in Special Civil Application No.18303/2017 and other allied petitions. Order accordingly, Present petition stands disposed of accordingly. No costs.