GEETA D CHANDIRAMANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. The formal service of notice of Rule is waived by learned Assistant Government Pleader Shri Rashesh Rindani on behalf of the respondent No.1State and Shri Premal Joshi, learned counsel, on behalf of the respondent No.2Gujarat Public Service Commission. The Rule is fixed forthwith upon consent of the parties.

(2.) The petitioner has approached this Court seeking a writ of mandamus or any other appropriate writ, being aggrieved by the action of the respondent Gujarat Public Service Commission (hereinafter referred to as 'the respondentGPSC') in not accepting the documents for oral interview from the petitioner on the ground that they were submitted belatedly by eight days. The total number of posts advertised were 554. The petitioner had applied under General category. It is her case that she submitted her online application on April 16, 2015 for the post of Assistant Public Prosecutor. She was called for written test by sending a Short Message Service (SMS) on her cellphone and her Seat Number was 101004875. She appeared in the written test conducted on 03rd May and 04th May, 2105 and she was succeeded. She is a practicing advocate at City Civil and Sessions Court at Ahmedabad and she was a ranker all throughout in her studies. It is her say that on July 09, 2015, she came to know that though she cleared the written test and needed to submit her testimonials to the respondentGPSC on or before July 01, 2015. She could do it so only on July 10, 2015. However, by way of communication dated July 22, 2015 addressed by the Section Officer of the respondentGPSC, she was communicated that the same is not accepted as the scheduled time limit was over. It was intimated to her that the last date of submission of testimonials was July 01, 2015 and there was a delay of nine days in submitting those documents.

(3.) It is the say of the petitioner that she was, in no manner, communicated personally by the respondentGPSC and, therefore, she missed out the opportunity of being appointed on the said post though she was having good merit.