BAROT VIJAYKUMAR BALAKRISHNA & ORS. versus MODH VINAYKUMAR DASRATHLAL & ORS.

BAROT VIJAYKUMAR BALAKRISHNA & ORS. versus MODH VINAYKUMAR DASRATHLAL & ORS.

Fixation of minimum qualifying marks for viva voce, notified to candidates before interview and in compliance with statutory rules, did not cause prejudice or violate rules. Absence of specification in advertisement does not invalidate the process; Commission’s conduct was not illegal, arbitrary, or biased.

Parties
Appellant: Barot Vijaykumar Balakrishna & Ors.; Respondent: Modh Vinaykumar Dasrathlal & Ors.; Appellant: Gujarat Public Service Commission
Jurisdiction
India
Judgment Date
05 July 2011
Procedural Posture
Civil Appeal / Final Judgment/appeal Allowed
Outcome
Appeals allowed
Legal Topics
Recruitment, Selection Process, Assistant Public Prosecutor, Minimum Qualifying Marks, Viva Voce, Administrative Law
Service Law Recruitment Selection Process Assistant Public Prosecutor Minimum Qualifying Marks Viva Voce Administrative Law

Case Brief

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Parties

Barot Vijaykumar Balakrishna & Ors.

Appellant

Modh Vinaykumar Dasrathlal & Ors.

Respondent

Gujarat Public Service Commission

Appellant

Procedural Posture

Civil Appeal / Final Judgment/appeal Allowed

Legal Issues

  1. 1 Whether fixation of minimum qualifying marks for viva voce after commencement of selection process was illegal and actuated by bias
  2. 2 Whether omission to specify minimum qualifying marks for viva voce in advertisement violates statutory rules

Ratio Decidendi

Fixation of minimum qualifying marks for viva voce, notified to candidates before interview and in compliance with statutory rules, did not cause prejudice or violate rules. Absence of specification in advertisement does not invalidate the process; Commission’s conduct was not illegal, arbitrary, or biased.

Court Disposition

Appeals allowed

Orders

  • Impugned judgment and order of Division Bench of High Court set aside
  • All writ petitions before Gujarat High Court dismissed