C/SCA/11009/2024 ORDER DATED: 24/04/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO.11009 of 2024 ========================================= PARUL KANTILAL CHRISTIAN Versus GUJARAT PUBLIC SERVICE COMMISSION & ANR. ========================================= Appearance : MR HARDIK C RAWAL for the Petitioner. MR.DEVARSHI H. RAWAL for the Petitioner. MR ADITYA DAVDA, AGP for the Respondent No.2. MR CHAITANYA S JOSHI for the Respondent No.1. ========================================= CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI Date : 24/04/2025 ORAL ORDER 1. By way of this petition, the petitioner has prayed for the following reliefs :- "(A) be pleased to allow this petition. (B) be pleased to issue a writ of mandamus or any other appropriate writ, order or direction to quash and set aside the impugned rejection orders / communications dated 4.12.2023 and 18.5.2024 passed by respondent No.2 (at Annexure - A (colly.) as well as the impugned action on the part of respondent No.1 of including the name of the petitioner in the list of ineligible candidates declared / published on 12.7.2024 (at Annexure - B) qua the petitioner (at Annexure - B) and/or further be pleased to direct the respondent No.2 to grant C/SCA/11009/2024 ORDER DATED: 24/04/2025 the No Objection Certificate under Rule 8 (5) of the Gujarat Civil Services (Classification) and Recruitment (General) Rules, 1967 to the petitioner and/or further be pleased to direct the respondent No.1 to accept such No Objection Certificate on behalf of the petitioner and process the petitioner's candidature for the post of Nursing Officer / Principal, Gujarat Nursing Service, Class - II as an eligible candidate for the remainder of recruitment process from the date of the petitioner's application in accordance with law, in the interest of justice. (C) Pending admission, hearing and final disposal of this petition, be pleased to stay further implementation, execution and enforcement of the impugned rejection orders / communications dated 4.12.2023 and 18.5.2024 passed by respondent No.2 (at Annexure - A (colly.) as well as the impugned action on the part of respondent No.1 of including the name of the petitioner in the list of ineligible candidates declared / published on 12.7.2024 (at Annexure - B) qua the petitioner (at Annexure - B) and/or further be pleased to direct the respondent No.2 to grant the No Objection Certificate under Rule 8 (5) of the Gujarat Civil Services (Classification) and Recruitment (General) Rules, 1967 subject to final outcome of the present petition and further orders of this Hon'ble Court and/or further be pleased to direct the respondent No.1 to permit the petitioner to take part in the remaining C/SCA/11009/2024 ORDER DATED: 24/04/2025 recruitment process for the post of Nursing Officer / Principal, Gujarat Nursing Services, Class - II pursuant to Advertisement No.5/2022-23 (at Annexure - E) provisionally by treating the petitioner eligible for the same provisionally subject to the final outcome of the present petition and subject to further orders that may be passed by this Hon'ble Court in the interest of justice." 2. On 27.8.2024, the coordinate Bench has passed the order which reads as under :- "Heard the learned counsels for the parties on the grant of interim relief. Perused the documents on record and also the averments made in the counter-affidavit as well as rejoinder affidavit. This Court is of the considered opinion that the petitioner shall be permitted to appear in the interview proposed to be held by respondent No.1 as and when such dates are declared by the Commission. It is further directed that the result of the petitioner shall be placed on record by way of affidavit before this Court in a sealed cover. Since the pleadings are complete, list the matter for hearing on 3.10.2024. Direct Service is permitted." 3. Thereafter, Civil Application No.1 of 2025 was preferred by the petitioner for the following reliefs :- C/SCA/11009/2024 ORDER DATED: 24/04/2025 "a. Be pleased to admit and allow present application. b. Be pleased to direct the Respondent No.1 - GPSC to place the result of the applicant - petitioner in a sealed cover obtained in the examination / interview for post of Nursing Officer / Principal, Gujarat Nursing Service, Class - II on the record of above-captioned Special Civil Application No.11009 of 2024 in the interest of justice." 4. On 17.4.2025, this Court has passed the following order in the Civil Application No.1 of 2025 :- "1. Heard learned advocate Mr. Devarshi Rawal for the applicant, learned advocate Mr. Chaitanya Joshi for the respondent no. 1 and learned AGP Mr. Sanjay Udhwani for the respondent no. 2 – State. 2. By way of this Civil Application, the applicant has sought for a direction to the respondent no. 1 – GPSC to place the result of the applicant – original petitioner in a sealed cover in respect of examination/interview for the post of Nursing Officer / Principal, Gujarat Nursing Service, Class – II. 3. Learned advocate Mr. Rawal for the applicant apprised to the Court about the order dated C/SCA/11009/2024 ORDER DATED: 24/04/2025 27.08.2024 passed by the Coordinate Bench of this Court which reads as under:- "Heard the learned counsels for the parties on the grant of interim relief. Perused the documents on record and also the averments made in the counter-affidavit as well as rejoinder affidavit. This Court is of the considered opinion that the petitioner shall be permitted to appear in the interview proposed to be held by respondent No.1 as and when such dates are declared by the Commission. It is further directed that the result of the petitioner shall be placed on record by way of affidavit before this Court in a sealed cover. Since the pleadings are complete, list the matter for hearing on 3.10.2024. Direct Service is permitted." 4. In view of above order, now the applicant was allowed to appear in the interview and her result was kept in a sealed cover. It was apprised by learned advocate Mr. Rawal that now the result of all other candidates is declared and it is the applicant whose result is not declared on account of earlier order dated 27.08.2024 as the same is kept in the sealed cover and therefore, appropriate direction may be issued to bring the sealed cover before the Court and to open it and to declare the result of the applicant. Page 5 of 7 C/SCA/11009/2024 ORDER DATED: 24/04/2025 5. Civil Application is not opposed by learned advocate Mr. Joshi as the applicant has prayed for innocuous prayer, more particularly, when the result of all other candidates is already declared by G.P.S.C.. In view of that, following direction is issued :- The respondent no.1 is directed to bring the sealed cover containing the result of the applicant before this Court on the next date of hearing for opening the same and to declare the result of the applicant. The sealed cover may be brought to this Court on 24.04.2025 as the main matter is coming up on Board on 24.04.2025 as stated by learned advocates for the parties. 6. In view of above direction, no further direction is required to be issued. Hence, Civil Application is disposed of." 5. Pursuant to the order dated 17.4.2025, today the respondent No.1 has brought sealed cover containing result of the petitioner. In presence of the learned advocates appearing for the parties, the said sealed cover was opened. It indicates that cut-off marks for General category female candidate was 56.71 marks whereas the present petitioner has obtained less marks than 56.71 marks and also less marks than the candidates kept on waiting list for General category and the petitioner is declared unsuccessful. The result reveals that the petitioner has obtained 26.38 marks. Page 6 of 7 C/SCA/11009/2024 ORDER DATED: 24/04/2025 The result was produced before this Court in two copies having signature of Chairman and In-charge Secretary of GPSC. The same is taken on record. 6. In view of the above, as the petitioner could not clear the interview, there is no question to adjudicate the matter further. Hence, learned advocate Mr. Hardik Rawal, under instructions of the petitioner who is present in the Court, does not press this petition and submits that the question of law may be kept open. Hence, the present petition stands disposed of as not pressed. The question of law is kept open. Notice is discharged. (NIRZAR S. DESAI,J) SAVARIYA Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: RAJNISH NARENDRA SAVARIYA(HC00179), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 24/04/2025 17:17:51