SHILPABEN NITINKUMAR SONI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate Mr.Vaibhav Vyas for the petitioner and learned advocate Mr.Premal Joshi for the second respondent-Gujarat Public Service Commission. Learned Assistant Government Pleader Mr.Robin Mogera appeared for the first respondent.

(2.) Two interwoven prayers are made by the petitioner in this petition. A declaration is prayed for to hold that petitioner is eligible to be considered for the post of Assistant Public Prosecutor, Class II, pursuant to Advertisement No.119/2013-14. The second prayer is to set aside communication dated 31st March, 2016 of the second respondent, whereby candidature of the petitioner is rejected for the purpose of recruitment to the post in question. In this regard, a further prayer is made seeking direction against the second respondentGujarat Public Service Commission to accept candidate of the petitioner for recruitment.

(3.) Inviting applications for the appointment of 554 number of posts of Assistant Public Prosecutor, Class II, the second respondent-the Gujarat Public Service Commission published an advertisement, upon which the petitioner applied and appeared in the written examination held on 03rd May, 2014 and 04th May, 2014. The petitioner was successful in the written examination. It is the case that after clearance of the written examination, candidates were required to produce certain documents before they could be called for interview. After clearance of the written examination, the second respondent-Commission published tentative list of 1517 candidates who had cleared the written examination for the purpose of oral interview. Below that list, it was inter alia provided that only those candidates fulfilling requirements of the recruitment rules would be called.