Gujarat High Court
Payal Jayantilal Jadav vs Gandhinagar Municipal Corporation on 23 June, 2025
NEUTRAL CITATION
C/SCA/22973/2019 ORDER DATED: 23/06/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 22973 of 2019
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PAYAL JAYANTILAL JADAV
Versus
GANDHINAGAR MUNICIPAL CORPORATION & ANR.
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Appearance:
MITTAL N PATEL(7614) for the Petitioner(s) No. 1
MR HS MUNSHAW(495) for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 23/06/2025
ORAL ORDER
1. This petition is filed for the following prayers:
"8(A) Your Lordships may be pleased to issue writ of mandamus or any other appropriate writ, order or direction, directing to res.authorities to consider the case of the petitioner for posting of sanitary sub inspector as selected and qualified candidate for Sanitary Sub Inspector in res.corporation.
(B) Pending admission, hearing and till final disposal of this petition Your Lordships be pleased to consider the case of the petitioner under the process as the operative condition of the selection list may be treated as only from the date of result.
(C) xxxx"Page 1 of 5 Uploaded by U. SRILATHA(HC00185) on Tue Jun 24 2025 Downloaded on : Tue Jun 24 22:38:02 IST 2025
NEUTRAL CITATION C/SCA/22973/2019 ORDER DATED: 23/06/2025 undefined
2. The brief facts leading to filing of this petition are such that though the petitioner was qualified for the post of Sanitary Sub Inspector in all aspects as per the advertisement and notification for the said vacancy, the petitioner was not selected for the post after the verification of original documents with the say that the petitioner does not cover the criteria as per the required merit and availability of vacancy for the said post and that inspite of vacancy shown for three female candidates, only one was selected as per the final list and therefore the petitioner has challenged the inaction of the respondent by not posting the petitioner as Sanitary Sub Inspector, by way of this petition.
3. Heard learned advocates for the parties. 3.1 Learned advocate and Ms.Patel has relied on the letter issued by the respondent Authority whereby she was called upon to verify some documents pursuant to securing marks of more than 50% in the written examination. She has also submitted that there are three vacancies of the female candidates, and only one was selected and therefore also her name should be considered. She has further submitted that total 16 vacancies are by published by advertisement, Page 2 of 5 Uploaded by U. SRILATHA(HC00185) on Tue Jun 24 2025 Downloaded on : Tue Jun 24 22:38:02 IST 2025 NEUTRAL CITATION C/SCA/22973/2019 ORDER DATED: 23/06/2025 undefined whereas only 15 vacancies are filled in and one vacancy is left out. Therefore, she prays that the authorities have failed to consider their own resolution and victimized the present petitioner by denying posting to the present petitioner as Sanitary Sub-Inspector though she possessed requisite qualification and even though she cleared written examination. Therefore, she submitted that the prayers in the present petition are required to be considered by giving necessary direction to the respondent authority to consider the case of the petitioner for posting to the post of Sanitary Sub-Inspector. She has relied on the judgment in the case of Special Civil Application No.18654 of 2018 and allied matters dated 11.12.2019 of the coordinate Bench of this Court, in support of her submissions and submitted that her case was required to be considered accordingly.
3.2 Per contra, learned advocate Mr.Bhatt appearing for learned advocate Mr.Munshaw appearing for the respondent Corporation has submitted that the respondent no.2 has held the written examination for 16 posts to the post of Sanitary Sub-Inspector in the Corporation, wherein the petitioner has secured 51% Marks and her name was at serial number 45 in the select list. He has further submitted that since the petitioners secured more than 50% marks Page 3 of 5 Uploaded by U. SRILATHA(HC00185) on Tue Jun 24 2025 Downloaded on : Tue Jun 24 22:38:02 IST 2025 NEUTRAL CITATION C/SCA/22973/2019 ORDER DATED: 23/06/2025 undefined which were the minimum qualifying marks, it was decided to issue a call letter for verification of the marksheets and other documents. Thereafter, the respondent no.2 has filled up 15 posts of the cadre of Sanitary Sub-Inspector from the meritorious candidates, after following reservation i.e. from different categories. It was also pointed out that one Ashwin Pargi was duly selected and appointed as ST category candidate. Though two posts were to be filled up through ST category, only one candidate having secured more than 50% marks was available, one post of ST category remained vacant. Therefore, considering the aspect of reservation, one post is yet vacant but the petitioner is not entitled to get appointment as it is reserved for ST category. Therefore, this petition is required to be dismissed.
4. I have considered the rival submissions made at the bar and also considered the relevant papers available on the record. It transpires that pursuant to the advertisement for the post of 16 Sanitary Sub-Inspectors, the petitioner has applied, the written test was conducted whereby the petitioner has secured 51% and her name was reflected at serial number 45. It also transpires that thereafter, the appointment is given to the very meritorious persons than the present petitioner and 15 posts are filled up accordingly Page 4 of 5 Uploaded by U. SRILATHA(HC00185) on Tue Jun 24 2025 Downloaded on : Tue Jun 24 22:38:02 IST 2025 NEUTRAL CITATION C/SCA/22973/2019 ORDER DATED: 23/06/2025 undefined including one Ashwinbhai Pargi who is appointed from the ST category. As per the advertisement, two posts were to be filled from ST category but only one candidate having secured more than 50% marks, one post is still vacant. It transpires from the record that 15 posts of the cadre of Sanitary Sub Inspector were filled up through meritorious candidates after following reservation meant for different categories and and all the selected and appointed candidates have secured more marks than the petitioner except one Mr.Ashwinbhai Pargi who was selected and appointed in ST category and therefore one post of ST category was kept vacant. Therefore, the prayers of the petitioner in this petition cannot be granted.
5. There cannot be any dispute with regard to the ratio laid down in the judgment cited by learned advocate for the petitioner. However, the judgment is not helpful in the facts of the present case as stated above.
6. Considering all these aspects, this petition is required to be dismissed as the prayers prayed for in this petition cannot be granted. Accordingly, this petition is dismissed with no order as to costs.
(SANDEEP N. BHATT,J) SRILATHA Page 5 of 5 Uploaded by U. SRILATHA(HC00185) on Tue Jun 24 2025 Downloaded on : Tue Jun 24 22:38:02 IST 2025