Gujarat High Court
Divyang Jivrajbhai Shah vs State Of Gujarat on 19 June, 2025
Author: Vaibhavi D. Nanavati
Bench: Vaibhavi D. Nanavati
NEUTRAL CITATION
C/SCA/15735/2016 CAV JUDGMENT DATED: 19/06/2025
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Reserved On : 02/05/2025
Pronounced On : 19/06/2025
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 15735 of 2016
With
CIVIL APPLICATION (DIRECTION) NO. 1 of 2019
In R/SPECIAL CIVIL APPLICATION NO. 15735 of 2016
FOR APPROVAL AND SIGNATURE:
HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI
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Approved for Reporting No Yes
✔
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DIVYANG JIVRAJBHAI SHAH
Versus
STATE OF GUJARAT & ANR.
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Appearance:
PARTY IN PERSON(5000) for the Petitioner(s) No. 1
MR DG SHUKLA(1998) for the Respondent(s) No. 2
MR. G.H. VIRK, learned GOVERNMENT PLEADER assisted by
MS. DHARITRI PANCHOLI, AGP for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI
CAV JUDGMENT
1. Heard Mr. Divyang Jivrajbhai Shah - party-in-person, Mr. G.H. Virk, learned Government Pleader assisted by Ms. Dharitri Pancholi, learned Assistant Government Pleader Page 1 of 9 Uploaded by PRADHYUMANSINH D. RAHEVAR(HC01408) on Thu Jun 19 2025 Downloaded on : Fri Jun 20 01:34:13 IST 2025 NEUTRAL CITATION C/SCA/15735/2016 CAV JUDGMENT DATED: 19/06/2025 undefined appearing for the respondent - State and Mr. D.G. Shukla, learned advocate appearing for the respondent no.2- GPSC.
2. By way of the present petition, the petitioner herein has prayed for the following reliefs:
"21. The petitioner therefore prays that:
(A) This Hon'ble court may kindly be pleased to admit and allow the present petition.
(B) This Hon'ble court will be pleased to issue appropriate writ order or directions in the nature of mandamus or any other appropriate writ order or direction declaring the ADOPTION OF scaling formula in the recruitment of Motor Vehicle Inspector pursuant to (Advertisement 02/12-13) by the respondent no. 2 to be illegal.
(C) Pending hearing till final disposal of the present petition This Hon'ble court may kindly be pleased to issue interim directions suspending the further operation of the action of the respondents of recruitment on the post of Motor Vehicle Inspector class-II (Advt.no.02/15-16) or further be pleased to direct the respondents to provide Appontment Letter and joining on the post to the present petitioner for the post of Motor Vehicle Inspector class-II D) This Hon'ble court will be pleased to issue appropriate writ order or directions in the nature of mandamus or any other appropriate writ order or direction FOR STAYING THE EXAMINATION HELD ON THE 09/10/2016 for the post of Inspector of Motor Vehicles pursuant to Advt. No.02/15-16.
(E) This Hon'ble court will be pleased to issue appropriate writ order or directions in the nature of mandamus or any other appropriate writ order or direction declaring the reason to adopt the scaling formula adopted in the recruitment of Motor Vehicle Inspector pursuant to advertisement published on Page 2 of 9 Uploaded by PRADHYUMANSINH D. RAHEVAR(HC01408) on Thu Jun 19 2025 Downloaded on : Fri Jun 20 01:34:13 IST 2025 NEUTRAL CITATION C/SCA/15735/2016 CAV JUDGMENT DATED: 19/06/2025 undefined April-2015 by the respondent no. 2 to be illegal as it is evident from the different technical recruitments annexed here from Annexture-N to Annexture-T that technical recruitment don't require optional papers it requires field oriented papers only and other compulsory papers and if the Field oriented paper is there only then there is no need to adopt the Scaling method.
(F) This Hon'ble court will be pleased to issue appropriate writ order or directions in the nature of mandamus or any other appropriate writ order or direction declaring provision for the optional paper to be improper &unsuitable depending upon the technical abilities required to perform the duties of the Inspector of motor vehicles as it is a technical post required a concerned technical expertise which is not there in the Mechanical Engineering stream nor in the Syllabus of that paper, unless a candidate passes mechanical engineering degree with automobile enginering as a subject. depending upon the many other states syllabuses and the paper styles and the Expert's opinios of the Field. depending upon Annexture- N, R-
1, S & T. (G) Depending upon the expert opinions and the others states' method and the past Examinations conducted by the GPSC which clearly shows that the concerned field oriented paper is there in each and every technical recruitments. so here Automobile Engineering is the Concerned Technical Field so the paper of the Mechanical engineering should be quashed and for that commitee of experts to be consulted regarding the eligibility of the Mechanical Engineers to this post,
1. depending upon RTI Answer till date except this AMVI and MVI post Scaling is not used for any other Examination of Technical Field involving Technical Duties.
2. There are huge amount of Technical posts for the Mechanical Engineers are elligible but for that posts, Automobile Engineers are not allowed to compete, On one of such post petitoner had given application that automobile and Mechanical are equivalent as per the currenly challanged recruitment, and further the syllabus of that examination is wholly studied by the Automobile Engineers so allow the petitoner to appear in that examination but, till date Respondent commission has not provided any reply, which is atched here as Annexure-O (H) If the commission is not satisfied or the Hon'ble highcourt is not satisfied in Quashing the optional paper of MECHANICAL Page 3 of 9 Uploaded by PRADHYUMANSINH D. RAHEVAR(HC01408) on Thu Jun 19 2025 Downloaded on : Fri Jun 20 01:34:13 IST 2025 NEUTRAL CITATION C/SCA/15735/2016 CAV JUDGMENT DATED: 19/06/2025 undefined ENGINEERING and restricting the Mechnical Engineers from applying to this post then, in that circumstances, this post of the IMV shold be distributed among the Automobile Engineers and the Mechanical Engineers upto the extent to the Whole department filled by with the Automobile Engineers and the Mechanical Engineers in a ratio of the 50:50 for the post of IMV in the INTEREST OF JUSTICE AND UNDER THE PROVISIONS OF ARTICLE 14 & 16, example, if totally 300 posts are there, out of the 300 posts, 100 posts were filled up by past recruitment by 70 mechanical engineers and the 30 Automobile Engineers, then the rest of the post will be distributed by considering the past data and the remaining post will be like giving 120 to the auto engineers and the 80 to mechanical engineers that will combinedingly lead to the a ration of the 50:50 auto and the Mechanical Engineers and will lead to the equility and and lead to fulfill the provisions of the article 14. (I) This Hon'ble Court may kindly be pleased to issue writ of mandamus or any other appropriate writ order or direction to include the petitioner in the final list of successful candidates in the competitive examination for the post of Motor Vehicle Inspector class-II published by the respondent no. 2 on 22.04.15 as there are directions given by the Hon'ble Supreme Court in the case of Sanjay Singh and another Vs. U.P.P.S.C., Allahabad and another reported in [(2007)3 SCC 7201] (ANNEXURE-U), "42.. However, in so far as the petitioners are concerned, we deem it proper to issue the following directions todo complete justice on the facts of the case:
a) If the aggregate of raw marks in the written examination and the marks in the interview of any petitioner isless than that of the last selected candidate in the respective category, he will not be entitled to any relief (forexample, the petitioners in WP(C) No. 165/2005 belonging to the Category 'BC' have secured raw marks of361 and 377 respectively in the written examinations, whereas the last five of the selected candidates in thatcategory have secured raw marks of 390, 391, 397, 438 and 428 respectively. Even after adding the interviewmarks, the marks of the petitioners in W.P. [C] No.165/2005 is less than the marks of the selected candidates).
b) Where the aggregate of raw marks in the written examination and the interview marks of any petitioner, ismore Page 4 of 9 Uploaded by PRADHYUMANSINH D. RAHEVAR(HC01408) on Thu Jun 19 2025 Downloaded on : Fri Jun 20 01:34:13 IST 2025 NEUTRAL CITATION C/SCA/15735/2016 CAV JUDGMENT DATED: 19/06/2025 undefined than the aggregate of the raw marks in the written examination and interview marks of the last selectedcandidate in his category, he shall be considered for appointment in the respective category by counting hisappointment against future vacancies. (For example, we find that petitioner ArchnaRani, one of thepetitioners in WP (C) No. 467/2005 has secured 384 raw marks which is more than the raw marks secured bythe last five selected candidates [347, 337, 336, 383 and 335] under the SC category and even after adding theinterview marks, her marks are more than the five selected candidates.
Hence, she should be considered forappointment). This relief will be available only to such of the petitioners who have approached this Court and the High Court before 31st August, 2005."
(J) With reference to the above para (I) the Advt.no. 12/12-13 was the past recruitment in which petitioner scored higher raw marks than the selected candidates and now as per the direction of the supreme court higher marks than the last selected candidates, then the person should be considered for the appointment by counting his appointment against the future vacancies, now the future vacancies have been declared already, so petitioner is praying to provide him appointment by counting his appointment against these declared posts in advt no 02/15-16, under the provisions mentioned in the article 141 and 226, this hon'ble court may issue above mentioned directions by considering the facts of the present petition in the interest of justice.
(K) This Hon'ble court will be pleased to issue writ of mandamus or appropriate writ order or direction directing the Respondent No. 1 &2 to provide Appointment letter and Joining on immediate basis to the present petitioner for the post of Inspector of Motor Vehicle, class-II. (L) Pending hearing till final disposal of the present petition and the other petition SCA-16252/2013, This Hon'ble-court may kindly be pleased to issue interim directions suspending the further operation of the action of the respondents for recruitment on the post of Inspector of Motor Vehicle class-II or further be pleased to direct the respondents to include the present petitioner directly in the final list of successful candidate for the post of Motor Vehicle Inspector class-II as the petitioner have cleared the previous exam of IMV advt.no.12/12-13 with higher marks than the selected candidates.
Page 5 of 9 Uploaded by PRADHYUMANSINH D. RAHEVAR(HC01408) on Thu Jun 19 2025 Downloaded on : Fri Jun 20 01:34:13 IST 2025NEUTRAL CITATION C/SCA/15735/2016 CAV JUDGMENT DATED: 19/06/2025 undefined (M) This Hon'ble court will be pleased to issue proper order that the present petition to be heard with Special Civil Application 16252 of 2013 (N) This Hon'ble Court may kindly be pleased to grant ad- interim relief in terms of clause (I & J) of the prayer clause above mentioned.
(0) This Hon'ble Court may kindly be pleased to grant any other and further relief as the nature and circumstances of the present case may require in the interest of justice."
3. By way of the present petition, petitioner herein appears in person. The petitioner herein applied for the post of Inspector of Motor Vehicle, Class-II, pursuant to the advertisement being No. 2/2015-16, which is duly produced at page-31 Annexure-A.
4. The petitioner herein is also governed by the instruction no.5, wherein, the respondent no.2 has applied the scaling formula. The said advertisement was issued for 100 posts of Inspector of Motor Vehicle, Class-II. As per the said advertisement, 53 posts are to be filled-up from Unreserved general category candidates, out of which 17 posts are reserved for women candidates. 29 posts are to be filed-in from SEBC category candidates, out of which 10 posts are reserved for women candidates, 8 posts are to be filed-in from SC category candidates, out of which 3 posts are reserved for women Page 6 of 9 Uploaded by PRADHYUMANSINH D. RAHEVAR(HC01408) on Thu Jun 19 2025 Downloaded on : Fri Jun 20 01:34:13 IST 2025 NEUTRAL CITATION C/SCA/15735/2016 CAV JUDGMENT DATED: 19/06/2025 undefined candidates. 10 posts are to be filed-in from ST category candidates, out of which 3 posts are reserved for women candidates. Out of total 100 posts, one post is reserved for Ex-
serviceman. The petitioner herein applied for the said post, however, was successful.
5. The petitioner herein is aggrieved by the method adopted by the respondent no.2, wherein, the petitioner has filed SCA No. 16252 of 2013, wherein, the said formula is adopted by the respondent no.2 - GPSC.
6. The final result of the petitioner is duly placed on record by way of a Note by the respondent no.2 herein, wherein, from perusal of the same, it emerges that the petitioner's score is 125 Raw Marks and the scaled marks are more than the Raw Marks, i.e. 141.59 marks.
7. It is apposite to refer to the table produced on record by Mr. Shukla, learned advocate, which provides that the petitioner has obtained the marks below the cut-off marks for the category concerned and therefore held to be ineligible for the first stage of shortlisting of eligible candidates for the Page 7 of 9 Uploaded by PRADHYUMANSINH D. RAHEVAR(HC01408) on Thu Jun 19 2025 Downloaded on : Fri Jun 20 01:34:13 IST 2025 NEUTRAL CITATION C/SCA/15735/2016 CAV JUDGMENT DATED: 19/06/2025 undefined recruitment. The first stage of shortlisting of eligible candidates for the recruitment is selection of number of candidates in accordance with the norms settled by the respondent - GPSC within the category and in order of merit for scrutiny of the application of the candidates.
8. The Court vide an order dated 19.09.2017 passed in Civil Application No. 12363 of 2017 in Special Civil Application No. 15735 of 2016, wherein, it was directed to the respondent authority to keep one post vacant of the Inspector of Motor Vehicle (Class-II).
9. The scaling formula adopted by the respondent no.2- GPSC is not interfered with by this Court vide judgment of even date, i.e. 19.06.2025 in Special Civil Application No. 10993 of 2013 with Special Civil Application No. 16252 of 2013. The issue raised in the present petition is also self-same and the formula adopted by the respondent no.2 is also the same, is undisputed and in view thereof, no case is made out and the reasons assigned in the aforesaid petitions would govern the present petition also, the subject matter being the challenge of the Page 8 of 9 Uploaded by PRADHYUMANSINH D. RAHEVAR(HC01408) on Thu Jun 19 2025 Downloaded on : Fri Jun 20 01:34:13 IST 2025 NEUTRAL CITATION C/SCA/15735/2016 CAV JUDGMENT DATED: 19/06/2025 undefined method adopted by the respondent no.2 - GPSC.
10. Further the contention raised by the petitioner that by applying the aforesaid formula adopted by the respondent no.2, the result of the candidates of Automobile Engineering is decreased and that such candidates are prejudiced, is also negated, as seen from the result placed on record by Mr. Shukla, learned advocate appearing for the respondent- GPSC that in the facts of the present case the raw marks of the petitioner are more than the scaled marks.
11. For the foregoing reasons, no case is made out to exercise the extraordinary jurisdiction under Article-226 of the Constitution of India, the present Petition stands DISMISSED accordingly. Interim relief, if any, stands vacated. Rule discharged.
12. In view of the main petition being dismissed, Civil Application does not survive and the same also stands dismissed.
(VAIBHAVI D. NANAVATI,J) Pradhyuman Page 9 of 9 Uploaded by PRADHYUMANSINH D. RAHEVAR(HC01408) on Thu Jun 19 2025 Downloaded on : Fri Jun 20 01:34:13 IST 2025