MANSHI MOHITBHAI DESAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. With consent of learned advocates appearing for the respective parties, taken up for final hearing today.

(2.) Heard Mr.R.V.Deshmukh, learned advocate for the petitioner of Special Civil Application No. 13897 of 2019, Mr.Vijay H. Nangesh, learned advocate for the petitioner of Special Civil Application No. 6947 of 2020, Ms.Surbhi Bhati, learned Assistant Government Pleader for the State respondent No.1 in both matters along with civil application, Mr.Shivang Shukla, learned advocate for the respondent No.2 in both special civil applications and Mr. Jainish Shah, learned advocate for the respondent No.5 of Special Civil Application No. 13897 of 2019 and Mr.P.A.Jadeja, learned advocate for respondents Nos. 6 and 7 of Special Civil Application No.13897 of 2019.

(3.) For the sake of brevity, facts of Special Civil Application No. 13897 of 2019 are taken. 3.1 An advertisement was issued by the Gujarat Public Service Commission for filling 294 posts in the cadres of Gujarat Administrative Services, Class-I, Gujarat Civil Services, Class-I & II and Gujarat Municipality Chief Officer, Class-II. The advertisement was issued on 16/7/2018. Interview call letters were sent on 7/2/2019 and 29/5/2019. Results were put on 4/7/2019. 3.2 Applying the principle laid down in the Government Resolution dtd. 1/8/2018, the results were prepared by treating two SEBC women Meritorious Reserved Candidates at serial Nos. 8 and 17 against their respective posts. This exercise, therefore, resulted in these two otherwise MRC candidates occupying two posts of SEBC women candidates like the petitioners who would otherwise have been selected. The Government Resolution dtd. 1/8/2018 was a subject matter of challenge in the case of Tammanaben Ashokbhai Desai vs. Sheetal Amrutlal Nishar ., reported in 2021 (2) GLR 1696.