BHAVESHKUMAR MAGANBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In this petition under Article 226 of the Constitution of India, the prayers of the petitioner read as under:

(2.) The case of the petitioner is that the petitioner applied for the post of Principal Cadre, Gujarat Skill Training Service Class-II, for which, an advertisement was issued in the year 2015, whereas posts so prescribed as reserved category posts mainly were SEBC, SE, ST and Physically Disabled. One seat was kept reserved for the ex-serviceman. In the petition, the case of the petitioner is that he was called for the written examination which was scheduled on 27.12.2015 and on the examination when the final answer key was published, he was found to be ineligible. Aggrieved by his non-selection to the post, he applied through the Right to Information Act by making a application and asking for information as to how many ex-servicemen had applied and on such applications, what number of candidates sat for examination. To this, the GPSC responded by saying that nine had applied, out of which, five had appeared in the examination. The question addressed by the petitioner as to what was the criteria for assessment of marks for the purposes of ex-serviceman, the GPSC replied that whatever is the criteria for selection/assessment of each category candidate, 10% relaxation in assessment will be made. It is on this count that the petitioner had asked for reassessment of marks on no response to the application and its reply by the GPSC.

(3.) Mr.Harshit Karathia learned counsel for the petitioner would submit that on what basis was the 10% criteria of relaxation was made, is unclear from the reply of the respondents and this would entitle the petitioner reassessment of his marks.