BENJAMIN AMITKUMAR RAJKUMAR Vs. GUJARAT PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) Benjamin Amitkumar Rajkumar, petitioner has filed this petition praying for a writ in the nature of mandamus or any other appropriate writ, order or direction, quashing and setting aside the action of the Gujarat Public Service Commission - respondent No.1 in insisting on a candidate to attempt the preliminary examination only in Gujarati in respect of subjects No.12 to 27 mentioned in para 5 of the petition and the Main Examination only in Gujarati in respect of subjects Nos. 13 to 28 as mentioned in para 6.1 of the petition. By way of amendment, the petitioner has also prayed that this Court may declare that Rule 6 of the Gujarat Civil Services (Class-I and Class-II) Competitive Examination Rules, 2000 at Annexure "B" is violative of Articles 14, 16, 19 & 345 of the Constitution of India.

(2.) The facts giving rise to this petition are as under:-

(3.) On the other hand, Shri S.N.Shelat, learned Advocate General with Ms.Nandini Joshi, learned AGP appeared on behalf of the State of Gujarat. He has relied upon List II of Seventh Schedule of the Constitution. Entry 41 of List II which provides State "Public Service/ State Public Service Commission". He has also referred to Article 309 of the Constitution of India which provides recruitment and conditions of service of persons serving the Union or a State. He has also referred to the fact that in exercise of the powers conferred by the proviso to Article 309 of the Constitution of India.