KOMAL MANUBHAI KATARA Vs. GUJARAT PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) THESE three Appeals preferred under clause 15 of the Letters Patent raise a common question. With the consent of the learned advocates, the Appeals are heard and decided today.

(2.) ON 2nd March, 2006, the Gujarat Public Service Commission [hereinafter referred to as, "the Commission"] published an advertisement calling for applications from eligible candidates for appointment to the post of Medical Officer [ayurved], Class-II under the State of Gujarat. Under the said advertisement, the Commission had declared 170 vacancies. Out of the said 170 vacancies, 40 vacancies were reserved for Scheduled Tribe candidates. Out of the said 40 vacancies, 12 vacancies were reserved for Scheduled Tribe female candidates.

(3.) IN response to the said advertisement, the appellants before us applied for selection and appointment as Medical Officer [ayurved], Class-II. Feeling aggrieved by their non-selection, the appellants filed the above writ petitions under Article 226 of the Constitution of India. According to the appellants, they had secured qualifying marks and they were entitled to be selected and appointed as Medical Officer (Ayurved), Class-II. Out of the aforesaid 40 vacancies, 12 vacancies reserved for female candidates have been filled in. Against the remaining 28 vacancies, only two male candidates have been selected and appointed as Medical Officer [ayurved]. Remaining 26 vacancies have remained unoccupied. The appellants also challenged the selection process based on marks obtained at viva voce.