JAYESH RAMLAL BRAHMBHATT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present writ petition in the nature of Public Interest Litigation has been filed by the present petitioner ventilating the grievance that while undertaking the recruitment process by respondent No.2 Gujarat Public Service Commission ("the Commission" for short) previously floated advertisement No.25/2013-14 for recruitment of 30 vacancies of Chief Officer (Municipality), Class-III by holding selection process in two stages i.e. by holding preliminary written examination and thereafter main written examination. It was also further made it clear in the advertisement itself that those candidates who will be appearing in the preliminary written examination, the result or marks obtained in the preliminary written examination shall not be counted for the final selection. Precisely, intention was clear from the beginning on the part of the Commission for holding the preliminary written examination for short listing the candidates and those who are qualifying in the preliminary written examination shall only be entitled for appearing in the main written examination. It was also made clear that the result of the main written examination shall be considered for selection.

(2.) The petitioner has contended that in spite of the aforesaid advertisement which was very lengthy and all the details were provided but suddenly the Commission scrapped the main written examination and new third stage of vivavoce is made the sole basis of selection for the post by scrapping the main written examination. The said procedure is introduced in the midst of selection procedure after declaration of result of the preliminary written examination. Therefore, the petitioner has contended that in the midst of the recruitment process, the Commission has adopted the aforesaid procedure which is not in the original advertisement and is clearly in violation of Articles 14, 16 and 21 of the Constitution of India. It is not permissible under the provisions of law or rules to deviate from the procedure once laid down in the advertisement and in the midst of selection process, the Commission changed the stage of procedure for selection.

(3.) In order to substantiate the aforesaid contention, the petitioner has also produced on record the new advertisement changing the aforesaid procedure for recruitment by the Commission at Annexure-A to the petition which has been published in the daily newspapers Sandesh and Gujarat Samachar on 28.10.2014 which reads as under.