MAHENDRASINH RAMSINH PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) As both these petitions are filed involving similar issues, with the consent of learned advocates appearing for the respective parties, the same are taken up for hearing together and decided by this common judgement.

(2.) Both these petitions are filed challenging the action of the respondents in declaring the petitioners, disqualified and unsuccessful. In both the petitions, the petitioners have been declared disqualified vide order dtd. 30/7/2022 and they have been declared unsuccessful in the result dtd. 31/7/2022.

(3.) The facts, in brief, are as under: Special Civil Application No.19174 of 2022: The petitioner was appointed on the post of Police Constable vide order dtd. 9/4/2003. Thereafter, he was promoted to the post of Head Constable on 1/2/2016. An advertisement dtd. 15/12/2018 was published inviting applications from the eligible candidates to participate in the examination for the promotion to the post of PSI (Unarmed). The petitioner being eligible filled the application form to participate, in the examination. The said Examination was conducted in three stages i.e. (I) Physical Strength Examination (ii) Objective Examination and (iii) Subjective Examination. The petitioner cleared Physical as well as Objective examination. He was qualified to appear in the Subjective examination and accordingly Admit Card was issued to him. Subjective Examination was scheduled on 29/5/2022. Therefore, he went and appeared in Gujarati language on 29/5/2022 between 11:00 am to 2:00 pm. Next examination for English language was to be conducted between 3:00 pm to 6:00 pm and the petitioner attended the same. It is the case of the petitioner that during that examination, some candidates to whom, the petitioner is not known threw some chit, which fell under the desk of the petitioner and on account of said incident, the petitioner was told that he was copying in the examination. Answer sheet of the petitioner was taken away 45 minutes prior to the scheduled time and was not allowed to write further paper. He was compelled to sign on per-printed paper and the petitioner was not allowed to attempt paper further. Subsequently, respondent authority called for written explanation from the petitioner in relation to breach of Condition No.12 of Instructions by communication dtd. 4/7/2022. The petitioner had provided Written Explanation under communication dtd. 6/7/2022. Vide letter dtd. 25/7/2022, the petitioner was asked to remain present for personal hearing on 30/7/2022. The petitioner remained present and also tendered one more Written Explanation. However, the petitioner received letter dtd. 30/7/2022 through Post, by which, he was disqualified from the examination on the ground of breach of Condition No.12 of Instructions. Aggrieved by which, the present petition is filed. Special Civil Application No.19248 of 2022: The petitioner was appointed on the post of Police Constable on 1/10/1996. Pursuant to the advertisement dtd. 15/12/2018, for promotion to the post of PSI, (Unarmed), he applied for the examination. Examination was to be conducted in three stages, wherein the petitioner has cleared Physical Strength Examination as well as Objective examination. He appeared in Subjective examination on 29/5/2022. As he has to remain present in the examination along with Admit Card, he sits in the examination along with Admit Card. During his English language paper, which was conducted on 29/5/2022 between 3:00 pm to 6:00 pm, the petitioner was not permitted to sit for further examination on account of some rough work carried out by him in Admit Card. He was told that there is violation of Condition No.12 of Instructions and therefore, he was disqualified from the said examination. He was compelled to sign the paper and was not allowed to complete his paper. Through communication dtd. 22/6/2022, written explanation of the petitioner was sought for, in relation to breach of Condition No.12. By communication dtd. 25/7/2022, he was asked to remain present for hearing on 30/7/2022. The petitioner remained present on 30/7/2022 and also tendered Written Explanation, ignoring which, an order dtd. 30/7/2022 was passed disqualifying the petitioner from Examination on breach of Condition No.12 of Instructions. Under order dtd. 30/7/2022, the petitioner was declared Unsuccessful in the List. Aggrieved by which, the present petition is filed.