Case Note & Summary
The petitioner, filed a petition under Article 226 of the Constitution of India challenging her placement as an unsuccessful candidate in the merit list for the post of Principal Class 1, science faculty, pursuant to advertisement no. 103/2016-2017. She argued that she secured higher marks than respondent No. 4 and should be placed between positions 21 and 22 as an open category female. The respondent opposed the petition, relying on a Division Bench judgment that quashed the Government Resolution dated 1st August 2018, which was the basis of the petitioner's challenge. The High Court, after hearing both sides, dismissed the petition, holding that the issue was squarely covered by the Division Bench decision, and thus, the petitioner's claim could not be entertained.
Headnote
The High Court of Gujarat at Ahmedabad dismissed a Special Civil Application filed under Article 226 of the Constitution of India -- The petitioner, challenged the action of respondent No. 2 in placing her as an unsuccessful candidate at serial number 27 in the merit list for the post of Principal Class 1, science faculty -- The petitioner argued that she secured higher marks than respondent No. 4 and should be placed between positions 21 and 22 as an open category female -- The Court held that the Government Resolution dated 1st August 2018, which formed the basis of the challenge, was quashed by a Division Bench in Tamannaben Ashokbhai Desai & Ors. V/s. Shital Amrutlal Nishar & Ors. -- Consequently, the petitioner's claim could not be sustained, and the petition was dismissed -- The decision emphasized adherence to judicial precedent and the settled law on reservation policies
Issue of Consideration
The Issue of consideration was whether the petitioner, a female candidate from SEBC category, was entitled to be placed in the merit list between positions 21 and 22 instead of being listed as an unsuccessful candidate, despite securing higher marks than another candidate, in light of the quashing of the Government Resolution dated 1st August 2018 by a Division Bench
Final Decision
The High Court dismissed the petition, holding that the issue was squarely covered by the Division Bench judgment in Tamannaben Ashokbhai Desai & Ors. V/s. Shital Amrutlal Nishar & Ors., which quashed the Government Resolution dated 1st August 2018, and thus, the petitioner's claim could not be sustained
Law Points
- Article 226 of the Constitution of India
- Government Resolution dated 1st August 2018
- Reservation policy for women and SEBC categories
- Judicial precedent from Division Bench judgment in Tamannaben Ashokbhai Desai & Ors. V/s. Shital Amrutlal Nishar & Ors.
- Principles of merit list preparation and reservation implementation
