AJAYKUMAR BABULAL PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate Mr.Mitul Shelat with learned advocate Ms.Disha Nanavaty, learned Government Pleader Ms.Manisha Lavkumar assisted by learned Assistant Government Pleader Mr.K.M. Antani for respondent No.1 - State and learned Senior Advocate Mr.Kamal Trivedi assisted by learned advocate Mr.D.G. Shukla for respondent No.2 - Gujarat Public Service Commission, at length.

(2.) What is prayed in the present petition filed under Article 226 of the Constitution, is to set aside communication dated 21st June, 2018 of the Legal Department, Government of Gujarat, addressed to Gujarat Public Service Commission, whereby 374 posts of Assistant Public Prosecutors came to be determined to be filled in and requisition for such number of candidates was sent fixing the roster for the same. The second prayer is for issuance of direction to quash the select list published by the Gujarat Public Service Commission containing the name of the said 374 candidates. The petitioners further want the respondents to proceed on the basis of the list of 425 candidates dated 17th March, 2017, which, according to the petitioners, was published as select list.

(3.) The process for recruitment to the posts of Assistant Public Prosecutors (APPs) in the courts of the State was commenced by respondent No.2 - Gujarat Public Service Commissioner (GPSC) by issuing public advertisement dated 12th February, 2014, in which 554 posts were advertised. As part of the process, written examination was conducted on 03rd May, 2014. 3632 candidates appeared. The result was published on 04th June, 2015. Thereafter the viva voce was held, in which the GPSC called 1455 candidates. The viva voce and personality test was conducted between 21st April, 2016 and 23rd June, 2016. The final result came to be declared on 04th July, 2016. In all 543 candidates were shown as successful having obtained the minimum qualifying marks prescribed for the oral interview.