Y N GADHVI Vs. GPSC

JUDGEMENT

(1.) The petitioner who is a Government servant serving under the Directorate of Marketing & Inspection Department of Government of India had applied for appearing in the Class-I & II Gujarat Civil Services Examination which was undertaken by the Gujarat Public Service Commission ("the GPSC" for short). The petitioner had appeared in the written examination which was held as back as in June, 1986. Subsequently, the petitioner was called for personal interview which was held on 6.5.1988. The result was declared on 13.11.1988. The petitioner came to know that he has secured 328 marks out of total 600 marks. It is averred in para 4 of the petition that the petitioner came to know that he has secured only 24 marks out of total 80 marks so far as the oral interview is concerned. On the basis of the aforesaid marks, in aggregate, the petitioner secured 352 marks out of total 680 marks. It is the case of the petitioner that in the oral interview, one of the members of the Board tried to favour some candidates. It is also his say that relevant questions were not asked in the oral interview. The aforesaid selection is, therefore, challenged on the ground that oral interview was not taken in a proper manner and that members of the Interviewing Committee acted in a mala fide manner and tried to favour certain candidates.

(2.) Some allegations are also made against one of the members of the Selection Committee, namely, Mr.B.K.Gadhvi. It is averred in para 9 of the petition that since he belongs to the sub-caste Maru-Gadhvi community, he has given more marks to the candidates belonging to the said community. It is stated in the said para that right of the petitioner to be selected on Class-I & II post is adversely affected due to the tendency of favouritism and nepotism adopted by the members of the Selection Committee. In the petition, basic averment is made regarding mala fide and arbitrary behaviour on the part of the members of the Selection Committee.

(3.) On the basis of the aforesaid averments in the petition, it is prayed that the result declared on 13.11.1988 for the post of Class-I & II by the GPSC should be quashed and set aside and the respondent should be directed to reconsider and reappreciate the result of the petitioner.