ALPESH SURENDRASINH RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The issue involved for consideration in this appeal is as to whether the respondents have correctly applied the horizontal reservation meant for the Ex-Servicemen in the 2018 recruitment process for the Gujarat Police Force, Class-III posts. The Lokrakshak Recruitment Board issued advertisement on 14.08.2018 inviting applications for 6189 posts (which was subsequently enhanced to 9713 posts) for selection of Unarmed Police Constables, Armed Police Constables and Jail Sepoy. As per the advertisement, 10% posts were reserved for Ex-servicemen as a special reservation to be applied horizontally. Accordingly, 971 posts were available for Ex-Servicemen category across the board i.e. all the categories of social reservation and open category.

(2.) The selection process was in two stages. First is a written examination and second is a physical efficiency test / physical standard test. The present appellants who are the original writ petitioners had qualified in the written examination and were therefore called for the physical efficiency test / physical standard test in which also they had qualified. In all, under the category of Ex-servicemen, 131 candidates had qualified in the written examination and after the physical efficiency test, 83 had qualified. The present appellants fall in the list of these 83 candidates in the category of Ex-servicemen. However, when they were not being called for document verification and not being provided appointment, they approached the High Court by way of Special Civil Application No.9990 of 2019. The learned Single Judge by means of judgment and order dated 13.06.2019 dismissed the writ petition. Aggrieved by the same, the present appeal has been preferred.

(3.) We have heard Shri Mehul Sharad Shah, the learned counsel for the appellants and Ms. Manisha Lavkumar Shah, the learned Government Pleader assisted by Shri Dharmesh Devnani, the learned Assistant Government Pleader for the State respondents.