NEUTRAL CITATION
C/LPA/936/2023 ORDER DATED: 17/08/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 936 of 2023
In R/SPECIAL CIVIL APPLICATION NO. 1433 of 2018
With
CIVIL APPLICATION (FOR STAY) NO. 2 of 2023
In R/LETTERS PATENT APPEAL NO. 936 of 2023
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STATE OF GUJARAT
Versus
SMITA NILESH AMIN
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Appearance:
MR. K.M.ANTANI, ASSISTANT GOVERNMENT PLEADER for the Appellant(s) No.
1,2,3
for the Respondent(s) No. 2
MRS NISHA M PARIKH(2397) for the Respondent(s) No. 1
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CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA
AGARWAL
and
HONOURABLE MR. JUSTICE N.V.ANJARIA
Date : 17/08/2023
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL) Heard Mr. K.M.Antani, the learned Assistant Government Pleader for the appellant State and learned advocate Ms. Nisha Parikh for the respondent.
2. The only argument raised by the learned Assistant Government Pleader to assail the judgment and order dated 24.6.2022 passed by the learned single Judge is that the writ petitioner was kept out of the zone of consideration for appointment on the post in question for the reason that she did not possess graduation degree in the concerned subject, which is Statistics in the instant case. The contention is that the learned single Judge has committed an error in holding that the appellant had treated the writ petitioner as ineligible, whereas the fact remains that the evaluation Page 1 of 3 Downloaded on : Sun Sep 17 01:26:15 IST 2023 NEUTRAL CITATION C/LPA/936/2023 ORDER DATED: 17/08/2023 undefined of the candidature of the writ petitioner was made as per the criteria laid down for selection.
2.1 The further contention is that the writ petitioner did not possess the graduation in the concerned subject, i.e. Statistics. No marks was given for graduation level. The total mark of the petitioner, thus, comes to 46.78, which was lesser than the last selected candidate, who attained 49.93 marks for the post in question.
2.2 The submission is that since the petitioner has failed to attain the benchmark, she was not selected. Further contention is that initially the allotment of 10 marks at the graduation level considering the subjects in B.Com degree was wrong exercise, which was later corrected and the recommendation was withdrawn.
2.3 Referring to the B.Com 3rd year marksheet, at page 17 of the paper book, it was sought to be submitted by the learned Assistant Government Pleader that since in the marksheet, special mention in B.Com degree, is the Advanced Accounting/Audit, the appellant authority could not be said to have committed any error in giving zero marks at the graduation level.
3. We find inherent fallacy in the argument of the learned Assistant Government Pleader inasmuch the subject Advanced Accounting/Audit, as mentioned in the marksheet of B.Com, is an optional subject offered as can be noted from the concerned column itself. The subject, which the writ petitioner had studied as one of the subjects at the graduation level, is Elements of Basic Statistics, carrying 100 marks. There is nothing on record nor it could be demonstrated before us that the said subject, namely "Element of Business Statistics" could not be treated as a concerned subject, I.e. 'Statistics' at the graduation level.
Page 2 of 3 Downloaded on : Sun Sep 17 01:26:15 IST 2023 NEUTRAL CITATION C/LPA/936/2023 ORDER DATED: 17/08/2023 undefined 3.1 Therefore, we do not find any merit in the submission of the
learned Assistant Government Pleader to approve the action of the appellant in giving zero marks to the writ petitioner at the graduation level, to compute the total marks to 46.78.
4. For the aforesaid and in view of the findings returned by the learned single Judge, we do not find any infirmity in the decision of the learned single Judge, impugned in the present Intra Court Appeal.
5. The appeal is dismissed being devoid of merits.
No orders are required to be passed in the Civil Application. It stands disposed of, accordingly.
(SUNITA AGARWAL, CJ ) (N.V.ANJARIA, J) C.M. JOSHI Page 3 of 3 Downloaded on : Sun Sep 17 01:26:15 IST 2023