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2025 DAILYLAW 8386 (GUJ)

NEHA DILIPBHAI MAKWANA v. STATE OF GUJARAT

SCA/16376/2025 · 2025-12-04

Nirzar S Desai

body2025

Judgment text

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C/SCA/16376/2025 ORDER DATED: 04/12/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO.16376 of 2025 ========================================================== NEHA DILIPBHAI MAKWANA Versus STATE OF GUJARAT & ANR. ========================================================== Appearance : MR. PRERAK R BHATT for the Petitioner. MS KINJAL VYAS, AGP for the Respondent No.1. MR PREMAL R JOSHI for the Respondent No.2. ========================================= CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI Date : 04/12/2025 ORAL ORDER 1. By way of this petition, the petitioner has prayed for the following reliefs :- “12. …(a) YOUR LORDSHIPS may be pleased to admit and allow present petition; (b) YOUR LORDSHIPS may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction to direct respondents to re-evaluate the 6nal answer key of the Preliminary Examination published by Gujarat Public Service Commission, pursuant to advertisement No. GPSC/8/2025-26 published for various Class-III for Deputy Section O>icer and Deputy Mamlatdar by Gujarat Public Service Commission, by forming an expert committee and to correct the 6nal answer key in C/SCA/16376/2025 ORDER DATED: 04/12/2025 respect of the questions No. 137, 152 and 153 in Model Paper series-M and accordingly revise the marks obtained by the petitioner and Direct the Respondents to declare the Petitioner as eligible to appear in the Mains Written Examination for Advertisement No. Gpsc/8-2025-26, in the interest of justice; (ANNEXURE D & F) (c) During the pendency of the present writ petition, YOUR LORDSHIPS may be pleased to direct the respondent no.2 to permit the petitioner to 6ll the form for main written examination and also allow the petitioner to appear in the main examination, subject to 6nal outcome of the present petition; (d) YOUR LORDSHIPS may be pleased to Direct Respondent No.2, authority to open window for completing the formalities for appearing in the main exams to provide su>icient and adequate opportunity till certain date which may be deemed 6t and appropriate by the Hon’ble Court; (e) Grant any other and relief as this Hon’ble Court deems 6t in the interest of justice;” 2. Heard. Heard. A perusal of the memo of the petition as well as the reliefs prayed therein and as reproduced herein above would indicate the petitioner is seeking re-evaluation of 6nal answer key in respect of certain questions asked in the examination conducted C/SCA/16376/2025 ORDER DATED: 04/12/2025 by the Respondent – GPSC, pursuant to Advertisement No.GPSC/8/2025-26, for recruitment to various Class-III posts, including Deputy Section O>icer and Deputy Mamlatdar and the petitioners are objecting to the answer-key provided by the Respondent - GPSC in respect of certain questions. 2.1 Considering the fact that, in exercise of powers under Article 226 of the Constitution of India, this Court cannot re- examine or assess the Final Answer Key provided by the examining body, as the question paper must have been set by the experts on the subject and therefore, the same shall fall within the domain of the experts. Hence, at this juncture, this Court would not like to entertain this petition, unless a detailed representation is made by the petitioner to the examining body about their grievances. 3. In view of the above, without entering into the merits of the matter, at this stage, the ends of the justice shall be served, if, the petitioner is directed to make a representation to the examining body / Respondent No.2 by pointing out the alleged short-comings or the mistakes in the Final Answer Key within a period of one week, from today and the examining body / Respondent No.2 shall decide the same in accordance with law, by passing a reasoned order, within a period of six weeks, thereafter. Ordered accordingly. 3.1 With the above observations and directions, this petition stands disposed of, accordingly. No order as to costs. (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 04/12/2025 18:09:55