Parmar Lalit Amrutlal vs State Of Gujarat
2021 Latest Caselaw 14826 Guj

       C/SCA/11498/2021                              ORDER DATED: 22/09/2021




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/SPECIAL CIVIL APPLICATION NO. 11498 of 2021

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                          PARMAR LALIT AMRUTLAL
                                  Versus
                            STATE OF GUJARAT
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Appearance:
MR KB PUJARA(680) for the Petitioner(s) No. 1
MR PARESHKUMAR B TRIVEDI(9926) for the Petitioner(s) No. 1
for the Respondent(s) No. 2,3
GOVERNMENT PLEADER/PP(99) for the Respondent(s) No. 1
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     CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                              Date : 22/09/2021

                               ORAL ORDER

Heard learned Advocate Mr K. B Pujara with learned Advocate Mr. Pareshkumar B. Trivedi on behalf of the petitioner who by way of this petition, challenges a result declared by the respondent no.2 Public Service Commission dated 27.7.2021 for selection to the post of Assistant Professor Class-II interalia on the ground that though the petitioner was most meritorious amongst candidates in the physically handicapped category and inspite of the fact that 4 persons seat were reserved for such category yet the petitioner had not been recommended for appointment.

2. Learned Advocate Mr. Pujara would further submit that the petitioner being a Scheduled Caste candidate, over and above candidate having a disability, the petitioner would be entitled to be recommended in place of respondent no. 3 herein. Learned Advocate Mr. Pujara further drawn the attention of this Court to a note at point no. 3 in the note to the final result dated 27.7.2021 would submit that GPSC has considered relaxation of 10% marks from the cut off for candidates of the disabled category and whereas reliance is placed by learned Advocate on judgment of

C/SCA/11498/2021 ORDER DATED: 22/09/2021

this Court in case of Gujarat Public Service Commissin Vs. Niketa Babulal Chaudhari in Letters Patent Appeal No. 1105 of 2015, 2021 vol (2) GLH751 para 116 more particularly para 16 thereof where according to learned Advocate in case of women reservation, the policy of 10% reservation was declared to be unconstitutional relying upon the decision of the Supreme Court in case of Rajesh Kumar Daria Vs Rajasthan Public Service Commission and Ors. (2007) 8SCC 785.

3. In case any appointments are issued by the GPSC with regard to the select list dated 27.7.2021, the same shall be subject to final result of this petition.

4. Having regard to the submissions made by learned Advocate Mr. Pujara, issue Notice to the respondents returnable on 21.10.2021.

5. Direct Service is permitted.

(NIKHIL S. KARIEL,J) MARY VADAKKAN