SURESHKUMAR LALITKUMAR PATEL & ORS. versus STATE OF GUJARAT & ORS.

SURESHKUMAR LALITKUMAR PATEL & ORS. versus STATE OF GUJARAT & ORS.

Reducing the cut-off marks after publication of results to accommodate candidates under a horizontal reservation by treating it as a vertical reservation, without amending the advertisement or rules, is arbitrary and violates Article 14; the advertisement binds the parties and such a change cannot be made post-publication; accordingly the Division Bench order upholding the reduction is set aside, but in view of equities and remaining vacancies the Court directs respondents to consider accommodating certain private respondents within their respective reserved categories without exceeding permissible reservation percentages and without disturbing appellants' appointments, subject to...

Parties
Appellants: SURESHKUMAR LALITKUMAR PATEL & ORS.; Respondents: STATE OF GUJARAT & ORS.
Jurisdiction
India
Judgment Date
20 February 2023
Procedural Posture
Civil Appeal / Appeal From the Judgment and Order Dated 18.01.2021 of the High Court of Gujarat in LPA Nos.1496 and 1501 of 2019
Outcome
Appeal allowed; order of the Division Bench of the High Court of Gujarat set aside.
Legal Topics
Recruitment, Reservation, Cut Off Marks, Horizontal Reservation, Advertisement as Binding, Modification of Selection Process, Article 14 Equality, Article 142 Remedial Power
Service Law Constitutional Law Administrative Law Recruitment Reservation Cut Off Marks Horizontal Reservation Advertisement as Binding +3 more

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Parties

SURESHKUMAR LALITKUMAR PATEL & ORS.

Appellants

STATE OF GUJARAT & ORS.

Respondents

Procedural Posture

Civil Appeal / Appeal From the Judgment and Order Dated 18.01.2021 of the High Court of Gujarat in LPA Nos.1496 and 1501 of 2019

Legal Issues

  1. 1 Whether the Selection Committee had power to reduce cut-off marks after publication of results
  2. 2 Whether horizontal reservation can be treated as vertical reservation to lower cut-off marks
  3. 3 Whether an advertisement/notification can be unilaterally modified after publication without amendment to rules

Ratio Decidendi

Reducing the cut-off marks after publication of results to accommodate candidates under a horizontal reservation by treating it as a vertical reservation, without amending the advertisement or rules, is arbitrary and violates Article 14; the advertisement binds the parties and such a change cannot be made post-publication; accordingly the Division Bench order upholding the reduction is set aside, but in view of equities and remaining vacancies the Court directs respondents to consider accommodating certain private respondents within their respective reserved categories without exceeding permissible reservation percentages and without disturbing appellants' appointments, subject to...

Court Disposition

Appeal allowed; order of the Division Bench of the High Court of Gujarat set aside.

Orders

  • Order of the Division Bench of the High Court of Gujarat dated 18.01.2021 set aside.
  • Respondent Nos. 1 and 2 directed to consider accommodating the private respondents in their respective reserved categories, provided they do not exceed the permissible percentage of reservation, without upsetting the appointment of the appellants and others similarly placed and subject to their eligibility.