MORI UTTAMKUMAR RAISINHBHAI Vs. GUJARAT PUBIC SERVICE COMMISSION

JUDGEMENT

(1.) By way of this appeal, the present appellant- petitioner has challenged the impugned judgment and order dated 2.5.2013 passed by the learned Single Judge in Special Civil Application No. 2161 of 2011, whereby, the petition filed by the appellant-ori. petitioner was dismissed.

(2.) The facts of the present case are that pursuant to the advertisement, the appellant- petitioner applied on-line by giving details about the Non-creamy layer certificate required for the SEBC category post. Pursuant to the said application, the appellant-petitioner was permitted to appear in the preliminary examination. The appellant-petitioner passed out the said preliminary examination and became eligible to appear in the main examination. The appellant-petitioner then submitted the application for the main examination along with the necessary documents including Non-creamy layer certificate for the financial year as requires by the advertisement. However, the respondent-Commission declared appellant- petitioner ineligible on the ground that Non- creamy layer certificate submitted by the appellant-petitioner was not issued during the period between 1.4.2009 to 31.3.2009. Thereafter, the appellant-petitioner made a representation as per the order passed in Special Civil Application No. 172/2010 to the respondent Commission pointing out that non-creamy layer certificate submitted by the appellant-petitioner was issued for relevant financial year as stated by the Mamlatdar and therefore, the certificate submitted by him should be accepted and he should be permitted to appear in the main examination by deleting his name from the list of ineligible candidate. However, since respondent-commission has not accepted the representation of the appellant-petitioner, the appellant-petitioner has again preferred petition being Special Civil Application No. 2161 of 2011, which was dismissed by the learned Single Judge vide impugned judgment and order dated 2.5.2013, against which the present Letters Patent Appeal is preferred by the appellant-petitioner.

(3.) Since the appellant-ori. petitioner has been permitted to appear in the examination by order dated 23.5.2013, his result shall not be declared till the disposal of the present Letters Patent Appeal.