BARANDA JAYESHBHAI DHANJIBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Mr.Maulik Nanavati, Assistant Government Pleader waives the service of notice of rule on behalf of the respondent State authorities in Special Civil Application Nos. 9113, 8984, 9200, 9201 and 9254 of 2011 as well as Mr.Anand Sharma learned Assistant Government Pleader waives the service of notice of rule on behalf of the respondent State authorities in Special Civil Application Nos.9270, 9406, 9407 and 9771 of 2011.

(2.) AS common question of law and facts arise in this group of petitions, they are being heard, decided and disposed of by this common judgement and order.

(3.) THE learned advocates appearing on behalf of the respective petitioners have vehemently submitted that though the respective petitioners have obtained 44.50% marks and/or above 44.50% marks, they are not considered as eligible for the post in question on the ground that they have obtained less than 45% marks i.e. less than minimum qualifying marks at graduation. THE learned advocates appearing on behalf of the respective petitioners have relied upon the decision of the Hon'ble Supreme Court in the case of State of U.P. And another Versus Pawan Kumar Tiwari and others, reported in 2005(2) S.C.C. 10 (para 6 and 7) as well as decision of the Full Bench of this Court in the case of G.S.F. Medical and Para-medical Association Vs. State of Gujarat and another, reported in 2005 (3) GLR 2350 (para 23) and decision of the Division Bench of this court in the case of Virenbhai Jayantibhai Jani Versus B.Ed. Centralized Admission Committee, 2009-2010, reported in 2010 (2) GLR 911. Relying upon the decisions of the Hon'ble Supreme Court as well as this Court, it is submitted by the learned advocates appearing on behalf of the respective petitioners that if a candidate / applicant has obtained .5 Marks, in that case, it should be rounded off to next mark, as per example if a candidate has obtained 44.50 marks, it is required to be rounded off to 45 marks. THErefore, it is submitted that the action of the respondents of not treating / considering the respective petitioners as eligible for the post in question despite the fact that they have obtained 44.50% marks and/or more than 44.50% marks, is absolutely illegal and most arbitrary.