VARSHABEN PANCHABHAI NAKUM Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present writ petitions involve common question of law and facts, therefore, they are being decided by this common judgment. For ready reference, the facts as enumerated in Special Civil application No. 11940 of 2007 in the matter of Varshaben Panchabhai Nakum v. State of Gujarat are taken up.

(2.) ACCORDING to the petitioner an advertisement for direct recruitment on the post of Police Sub-Inspector (Unarmed Branch) Class-Ill was issued. The petitioner applied for the same. The petitioner belongs to Scheduled Caste category. The petitioner has passed Preliminary Examination and appeared in main Written Test and was also called for Physical Test. The petitioner was not called for interview, and therefore, the petitioner along with other candidates had made representations to the respondent-State, but the grievances of the petitioner and others was not redressed by the respondent-State. Being aggrieved by the action of the respondents, writ petitions were preferred by the petitioner and other candidates.

(3.) THE petitioner has alleged in this petition inter alia that on 28-4-2005 the Gujarat Subordinate Service Selection Board had given an advertisement no. 2 of 2005 for direct recruitment on the post of Police Sub-Inspector (Unarmed Branch) Class-Ill. The petitioner had applied for the same. The petitioner belongs to Socially and Educationally Backward Class (Female)category. The petitioner had passed Preliminary Examination and had appeared in Main Written Test and was also called for Physical Test. Last phase of recruitment process is to start from 4-5-2007, where the petitioner is not called. Adequate number of reserved candidates are not called for interview. According to the petitioner, for the category to which the petitioner belongs, candidates called for interview, are less than even the number of posts advertised. On 23-4-2007 the petitioner along with other candidates had approached the authorities of the Board and it is learnt that the Board has prepared the list of candidates to be called for interview, based on qualifying marks prescribed which is common for all i. e. unreserved male candidates and even reserved female candidates are treated equally. This, according to the petitioner, is illegal, arbitrary and unconstitutional. Hence this petition.