GUJARAT PUBLIC SERVICE COMMISSION Vs. DHANJIBHAI SAVJIBHAI MARU

JUDGEMENT

(1.) These two Letters Patent Appeals were heard together as the question involved in both the appeals was similar.

(2.) Letters Patent Appeal No. 550 is at the instance of Gujarat Public Service Commission, [GPSC hereafter], and is directed against judgment dated 3rd October 2011 passed by a learned Single Judge of this Court in Special Civil Application No. 7904 of 2000 by which the learned Single Judge allowed the writ -petition by setting aside the communication dated 17th February 1998 issued by the appellant by which the candidature of the writ -petitioner for being considered for appointment to the cadre of Gujarat Education Services Class -II (Administrative Branch) was refused, with a direction upon the appellant GPSC to call for interview for being considered for appointment to the above cadre pursuant to advertisement dated 3rd October 1995 published in newspaper on 1st November 1995.

(3.) There is no dispute that both the writ -petitioners were the applicants for the post in question for which the following qualification was prescribed for the candidates in Rule 3 of the recruitment rules known as Gujarat Educational Service Class -II (Administrative Branch) Recruitment Rules, 1969 [the Rules hereafter] : -