DIGVIYAJSINH MAHENDRASINH CHAVDA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS group of petitions is filed by the candidates who are treated "unsuccessful" by the respondent Gujarat Public Service Commission (hereinafter referred to as "respondent commission" or "GPSC") in the selection process for the posts of Assistant Conservator of Forest (ACF) and Range Forest Officer (RFO) conducted by it, pursuant to an Advertisement Notice dated 1.3.2010 (Advertisement No.209/2009 -10) and in two cases the petitioners are successful candidates but aspire for allocation of service to higher post.

(2.) BEFORE proceeding further, it is necessary and appropriate to clarify certain factual aspects connected with and related to the proceedings.

(3.) A common thread of objection which passes through this group of petitions is woven by string of similar contentions and challenge raised by the petitioners against the selection list notified by the respondent GPSC, viz. (a) that the process undertaken by the respondent GPSC, pursuant to the Preliminary Test, Main Written Test and Interview, is faulty and defective; and (b) against exclusion of female candidates who are entitled for 30% horizontal and compartmentalized reservation; and (c) inclusion of male candidates (instead of completing the quota reserved for female candidates) in the selection list; and (d) against the action of introducing and applying socalled 10% relaxation by adopting the marks obtained by last "male candidate" in respective category as "qualifying marks/criterion" and not following the well recognized principles; and (e) against the action of transferring positions/vacancies reserved for female candidates to male candidates and the positions/vacancies reserved for candidates with special qualifications to the candidates not possessing special qualification though sufficient number of female candidates as well as the candidates possessing special qualification are available; (f) and on the ground that the principle of migration is applied in wrongful manner which has resulted into reduction in number of vacancies for reserved category candidates and also in reduction of vacancies reserved for female candidates. In order to consider and decide diverse contentions, it is necessary and appropriate to take into account the factual backdrop which can be summarized thus: -