STATE OF GUJARAT Vs. DESAI MITTAL BALDEVBHAI

JUDGEMENT

(1.) Learned Single Judge by his judgment and order dtd. 24/1/2020 allowed the Special Civil Application filed by the private respondent herein. It was directed to include the name of the respondent-original petitioner as next available candidate satisfying the merit of cut-off marks in the Socially and Educationally Backward Class (Female category), and to appoint the petitioner on the post of Deputy Sec. Officer/Deputy Mamlatdar, Class-III with all consequential benefits etc. 1.1 These two Letters Patent Appeal arise from the aforesaid judgment and order of learned Single Judge. Letters Patent Appeal No.643 of 2017 is preferred by original respondent No.2-Gujarat Public Service Commission, whereas the other Appeal is filed by the State-original respondent No.1, seeking to call in question the said judgment and order.

(2.) Heard learned advocate Mr.Premal Joshi for the appointment in Letters Patent Appeal No.643 of 2021 and learned Assistant Government Pleader Mr.K.M. Antani for the appellant in the Letters Patent Appeal No.644 of 2021, as well as learned advocate Mr.K.B. Pujara for respondent-original petitioner in both the appeals, at length.

(3.) Stating the relevant facts, the Gujarat Public Service Commission (GPSC) issued Advertisement No.51/2014-15 dtd. 12/3/2015 to undertake the process to fill up posts of Deputy Sec. Officer/Deputy Mamlatdar, Class-III. Total 733 vacancies were notified, out of which 376 were for General, 55 for Scheduled Caste, 107 for Scheduled Tribe and 195 were for the category Socially and Educationally Backward Class (SEBC). As per the Notification dtd. 9/4/1997, 33% statutory reservation for women is required to be provided for in each category. Accordingly, in the unreserved category and SC and ST category, vacancies for women in reservation were 125, 18 and 34 respectively. In the SEBC category, 65 posts were required to be filled in by SEBC female candidates.