C/SCA/16414/2016 ORDER DATED: 02/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 16414 of 2016 ========================================================== BHARATBHAI KHIMABHAI SARVAIYA Versus SECRETARY, GUJARAT PUBLIC SERVICE COMMISSION ========================================================== Appearance: MR DJ CHAUHAN(219) for the Petitioner(s) No. 1 MR PREMAL R JOSHI(1327) for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA Date : 02/07/2025 ORAL ORDER 1. From the material on record, the following facts could be ascertained: 1.1. An advertisement was issued for filling up the post of Motor Vehicle Prosecutor (Class-II) and online applications were invited. The petitioner was an applicant and pursuant to the said advertisement, the preliminary test was also conducted on 6.9.2015. The petitioner appeared for the preliminary test and also cleared the same. 1.2. As required under the terms of the advertisement, all the candidates were to submit their applications and annexures in the office of the Gujarat Public Service Commission on or before 28.4.2016. However, the petitioner did not submit his application before the stipulated date and the petitioner at para 4 of this writ petition has stated as follows: C/SCA/16414/2016 ORDER DATED: 02/07/2025 “4. At Surendranagar on 26/04/2016, the petitioner took treatment of Dr. Dilip Kothari who advised bed rest and gave the medicines. Thus the petitioner was required to take bed rest and was under treatment for 26/04/2016 to 01/05/2016 of Doctor Kothari. The copy of the medical certificate as annexed here to as Annexure - B. Hence he could not give original documents to the respondents up to 01/05/2016. Still he managed to give the documents personally on 02/05/2016. A copy of the letter dated 28/05/2016 and reply to it annexed here to as Annexure C. However the respondent by letter dated 29/04/2016 informed this it is unable to call for interview. However the petitioner requested to reconsider his case and call him for the post of Motor Vehicle Prosecutor Class II interview which is yet to be held by exercising the vide powers. Thus petitioner is a handicapped and required for the chance which is awaited. Hence the petitioner makes this application for interview. If the petitioner is not given chance, he would loss chance forever. As such, this petition.” 2. It is clear that from the averments made in the writ petition that the petitioner submitted the documents after the last date fixed, i.e. on 2.5.2016. 3. It is a settled law that if candidate has not complied with the terms of the notification within the time stipulated, he cannot be make a grievance that he was not afforded an opportunity to be considered for recruitment. If the documents are accepted beyond the stipulated date, it would basically open a floodgate and would lead to endless proceedings. Hence, the Gujarat Public Service Commission (GPSC) was justified in refusing to process the application of the petitioner and call him for interview. Page 2 of 3 C/SCA/16414/2016 ORDER DATED: 02/07/2025 4. I am, therefore, of the view that the action of the GPSC of not calling the petitioner for remaining examination/ test cannot be found fault with. The petition is, therefore, DISMISSED. Rule is discharged. Sd/- (NSSG,J) OMKAR Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: OMKAR CHHAGANLAL MAHAWAR(HC00201), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 02/07/2025 17:16:07