JADAV HITESHBHAI CHATURBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Advocate Mr. Vicky Mehta on behalf of the petitioners and learned Assistant Government Pleader Mr. Saahil Trivedi on behalf of the respondent- State.

(2.) By way of this petition, the petitioners have sought for following prayers:

(3.) It appears that the respondent - Gujarat Sub-ordinate Services Selection Board, had issued an advertisement for selection to the post of Senior Clerk Class III in Sachivalaya cadre on 1/8/2019 and whereas as per the scheme of the selection, two separate examinations were contemplated i.e. a test which was styled as a 'written test' with Optical Mark Reading question paper for 200 marks and the second examination for the Computer Proficiency Test (CPT). It appears that as per the scheme, only upon the candidates passing the written examination, would the candidates be entitled to appear in the Computer Proficiency Test(CPT). It appears that the present petitioners, had applied in the said advertisement and whereas the petitioners having cleared the written test, the petitioners were eligible to appear in the Computer Proficiency Test(CPT). It appears that originally, the Computer Proficiency Test, was to be conducted between 24/2/2022 to 27/2/2022 and whereas it would appear that later on, vide a notice dtd. 17/2/2022 the date for holding the examination was fixed from 3/3/2022 to 5/3/2022. It would appear that since there were lot of technical glitches which had taken place during the Computer Proficiency Test (CPT) between 3/3/2022 to 5/3/2022, the respondent Board had decided to hold a retest, between 20/6/2022 to 23/6/2022. It would appear that such retest, was across the Board and all the candidates who had appeared in the earlier examination, were eligible to appear in the Computer Proficiency Test(CPT) to be held between the dates as referred to hereinabove. It would appear that in the test taken on the four days, technical glitches were reported on 20/6/2022 and whereas, vide a notice dtd. 20/6/2022, the respondent Board, had decided to give one more opportunity to candidates who had appeared for the Compute Proficiency Test(CPT) on the 20/6/2022. It appears that the candidates who were appeared on the said date were given a choice, to appear for the Computer Proficiency Test (CPT) on 6/7/2022 in which case, the result of the Computer Proficiency Test held on 20/6/2022, would become final in case of the said candidates. It appears that after the limited retest had been held on 6/7/2022, the results for the Computer Proficiency Test had been declared by the respondent on 9/7/2022. It appears that some of the petitioners had thereafter submitted representations to the respondent herein on 19/7/2022 inter alia pointing out that even in case of the said candidates, there had been technical glitches which had taken place on the day on which the said candidates had appeared for the examination and therefore for candidates who had appeared in the Computer Proficiency Test between 21/6/2022 to 23/6/2022, an optional retest should be held. It appears that the said representation not being decided and the respondent not deciding to hold any retest for such candidates, the petitioners have preferred the present petition.