PATEL VIMALKUMAR KANTILAL Vs. GPSC

JUDGEMENT

(1.) Rule. Concerned learned counsel for respondents appear and waive service of rule. With the consent of learned counsel for parties matters are finally heard.

(2.) The principal question involved in these group of petitions is: Whether it is open to the Gujarat Public Service Commission ("GPSC" for short) to apply the scaling method to raw marks scored by the candidates in optional subjects in the competetive examination for Cl.I and Cl.II Posts?, and if yes, whether the method applied is on rational basis or arbitrary? The another point which incidentally arises for the consideration of this court is regarding the declaration of the marks scored by the candidate either at preliminary examination or at main examination so as to enable the candidate concerned to apply for rechecking of marks, if it is so desired by the candidate after such declaration.

(3.) The short facts of the case are that the petitioners are the candidates who appeared in the competetive examination for the post of Cl.I and Cl.II Officers pursuant to the advertisement issued by the GPSC. The total number of posts advertised is 164. In the present group of petitions, the petitioners can be categorised mainly into two groups. The first group of the petitions are filed by the petitioners who appeared in the preliminary test and at the preliminary test in optional subjects the method of scaling of marks was applied by the GPSC and this group of petitioners are challenging the application of method of scaling and marks at preliminary examination and praying for declaration of result of preliminary examination. This court while admitting those petitions by interim order directed the GPSC to allow the petitioners to appear in the main examination without prejudice to the rights and contentions of petitioners subject to final outcome of the petitions. After appearing in the main examination such petitioners have preferred civil applications in the cncerned main special civil applications praying for appropriate directions to GPSC to allow them to appear at the oral interview. The second group of petitions are filed by the petitioners who appeared at the main examination and when they were not called for interview only they came to know that scaling method in optional subjects upon the raw marks scored by them is applied by the GPSC at the main examination and they have approached this court challenging the legality and validity of of method applied for scaling in the main examination. As stated hereinabove, the petitioners may either be referred as First category of petitioners or Second category of petitioners, as the case may be, wherever distinction for such aspect is required. The common, consequently, in both the group of petitions is the method of scaling applied by GPSC either at preliminary examination or at the main examination.