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High Court of Gujarat

MAHESH BHARATBHAI GADHVIversusSTATE OF GUJARAT

Decided
Disposal
DISPOSED AS INFRUCTUOUS

Holding

The petitions are infructuous and are disposed of as such.

Summary

A large group of special civil applications were filed by various candidates challenging the Gujarat Public Service Commission’s recruitment process. The Court ordered the Commission to produce the examination results in a sealed cover, which revealed that many petitioners either failed, did not appear, or were not permitted to appear in the main examination. The petitioners sought an order directing the Commission to provide their mark‑sheets, but the Court noted that the recruitment process was still pending and that the petitions had become infructuous. Consequently, the Court declined to issue any interim order and indicated that any grievance regarding marks must be pursued through the appropriate legal remedies. All the petitions were therefore disposed of as infructuous, with notice discharged and no order as to costs.

Issues considered

  • Whether petitions seeking direction to provide mark‑sheets are maintainable when the petitioners have not cleared or appeared for the main examination
  • Whether the Court can intervene in an ongoing recruitment process of the Gujarat Public Service Commission

Subjects

  • Recruitment
  • Public Service Commission
  • Examination
  • Infructuous petitions
  • Judicial review
  • Mark‑sheet

Judgment

C/SCA/9286/2024                    ORDER DATED: 19/01/2026




    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/SPECIAL CIVIL APPLICATION NO. 9286 of 2024
                     With
 R/SPECIAL CIVIL APPLICATION NO. 9287 of 2024
                     With
 R/SPECIAL CIVIL APPLICATION NO. 9293 of 2024
                     With
 R/SPECIAL CIVIL APPLICATION NO. 9302 of 2024
                     With
 R/SPECIAL CIVIL APPLICATION NO. 9304 of 2024
                     With
 R/SPECIAL CIVIL APPLICATION NO. 9305 of 2024
                     With
 R/SPECIAL CIVIL APPLICATION NO. 9306 of 2024
                     With
 R/SPECIAL CIVIL APPLICATION NO. 9307 of 2024
                     With
 R/SPECIAL CIVIL APPLICATION NO. 9308 of 2024
                     With
 R/SPECIAL CIVIL APPLICATION NO. 9310 of 2024
                     With
 R/SPECIAL CIVIL APPLICATION NO. 9311 of 2024
                     With
 R/SPECIAL CIVIL APPLICATION NO. 9312 of 2024
                     With
 R/SPECIAL CIVIL APPLICATION NO. 9315 of 2024
                     With
 R/SPECIAL CIVIL APPLICATION NO. 9316 of 2024
                     With
 R/SPECIAL CIVIL APPLICATION NO. 9317 of 2024
                     With
 R/SPECIAL CIVIL APPLICATION NO. 9318 of 2024
                     With
 R/SPECIAL CIVIL APPLICATION NO. 9319 of 2024
                     With
 R/SPECIAL CIVIL APPLICATION NO. 9320 of 2024
                     With
 R/SPECIAL CIVIL APPLICATION NO. 9321 of 2024
                     With
 R/SPECIAL CIVIL APPLICATION NO. 9322 of 2024
                     With
 R/SPECIAL CIVIL APPLICATION NO. 9323 of 2024



                     Page 1 of 6
C/SCA/9286/2024                  ORDER DATED: 19/01/2026




                     With
 R/SPECIAL CIVIL APPLICATION NO. 9324 of 2024
                     With
 R/SPECIAL CIVIL APPLICATION NO. 9325 of 2024
                     With
 R/SPECIAL CIVIL APPLICATION NO. 9326 of 2024
                     With
 R/SPECIAL CIVIL APPLICATION NO. 9327 of 2024
                     With
 R/SPECIAL CIVIL APPLICATION NO. 9328 of 2024
                     With
 R/SPECIAL CIVIL APPLICATION NO. 9329 of 2024
                     With
 R/SPECIAL CIVIL APPLICATION NO. 9330 of 2024
                     With
 R/SPECIAL CIVIL APPLICATION NO. 9349 of 2024
                     With
 R/SPECIAL CIVIL APPLICATION NO. 9640 of 2024
                     With
R/SPECIAL CIVIL APPLICATION NO. 10675 of 2024
                     With
R/SPECIAL CIVIL APPLICATION NO. 10684 of 2024
                     With
R/SPECIAL CIVIL APPLICATION NO. 10686 of 2024
                     With
R/SPECIAL CIVIL APPLICATION NO. 10687 of 2024
                     With
R/SPECIAL CIVIL APPLICATION NO. 10692 of 2024
                     With
R/SPECIAL CIVIL APPLICATION NO. 10697 of 2024
                     With
R/SPECIAL CIVIL APPLICATION NO. 10715 of 2024
                     With
R/SPECIAL CIVIL APPLICATION NO. 10718 of 2024
                     With
R/SPECIAL CIVIL APPLICATION NO. 10719 of 2024
                     With
R/SPECIAL CIVIL APPLICATION NO. 10844 of 2024
                     With
R/SPECIAL CIVIL APPLICATION NO. 10875 of 2024
                     With
R/SPECIAL CIVIL APPLICATION NO. 10893 of 2024
                     With



                   Page 2 of 6
      C/SCA/9286/2024                                   ORDER DATED: 19/01/2026




    R/SPECIAL CIVIL APPLICATION NO. 10901 of 2024
                          With
    R/SPECIAL CIVIL APPLICATION NO. 10916 of 2024
                          With
    R/SPECIAL CIVIL APPLICATION NO. 10918 of 2024
                          With
    R/SPECIAL CIVIL APPLICATION NO. 11059 of 2024
                          With
    R/SPECIAL CIVIL APPLICATION NO. 11147 of 2024
                          With
    R/SPECIAL CIVIL APPLICATION NO. 11155 of 2024
                          With
    R/SPECIAL CIVIL APPLICATION NO. 14737 of 2024
=====================================================
           VISHVRAJSINH SHAILENDRASINH ZALA
                         Versus
                STATE OF GUJARAT & ANR.
=====================================================
Appearance:
MS MEGHA JANI SENIOR ADVOCATE WITH MR MIT S
THAKKAR(11223) for the Petitioner(s) No. 1
MR ADITYA DAVDA WITH MR AAKASH GUPTA WITH MR RAJ
TANNA WITH MR MITUL GAUTAM WITH MS NALANDA ACHARYA
WITH MS FORAM TRIVEDI WITH MS DEVANSHI PATEL WITH MR
HENIL SHAL WITH MS KINJAL VYAS ASSISTANT GOVERNMENT
PLEADERS for the Respondent(s) No. 1 IN RESPECTIVE
PETITIONS
MS VIDHI J BHATT(6155) for the Respondent(s) No. 2
=====================================================

 CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                            Date : 19/01/2026

                            COMMON ORAL ORDER

1.    Heard       learned    Senior      Advocate       Ms.     Megha       Jani,

appearing with learned Advocate Mr. Meet Thakkar for

the     petitioners         in   all     these    petitions;             learned

Advocate         Ms.    Vidhi    Bhatt      for   the      Gujarat        Public


                                   Page 3 of 6
      C/SCA/9286/2024                                       ORDER DATED: 19/01/2026




Service Commission; and learned Assistant Government

Pleader Mr. Aditya Davda for the respondent–State.


2.    Today,        pursuant     to     the         order   dated      08.01.2026

passed in Civil Application No. 1 of 2026 in Special

Civil       Application         No.      9286         of    2024     and      allied

matters, the result of all the petitioners in whose

petitions the direction was issued to the Gujarat

Public Service Commission to produce the result in a

sealed cover has been brought before this Court in

tabular form, and upon perusal of the said result

after opening the sealed cover, the Court finds that

the    persons          who   could     not         clear   the      examination,

those who did not appear in the examination, as well

as the petitioners in whose matters such directions

were not issued, are not in a position to proceed

further in the recruitment process on account of the

factual aspects stated hereunder.


3.    It    is     an    undisputed        fact       that,     among      all        the

petitioners             who   have       preferred            this      group          of

petitions, some petitioners could not clear the main

examination, some petitioners chose not to appear in



                                      Page 4 of 6
     C/SCA/9286/2024                                       ORDER DATED: 19/01/2026




the main examination despite the fact that in certain

matters the Court had permitted them to appear, while

in other matters such permission was not granted.


4. Be that as it may, today learned Advocate Ms.

Vidhi Bhatt appearing for the Gujarat Public Service

Commission drew the attention of the Court to the

fact that these petitioners have either chosen not to

appear in the main examination, or could not appear

in the main examination, or could not clear the main

examination,           and      therefore          these     petitions           have

become infructuous; learned Senior Advocate Ms. Megha

Jani, appearing with learned Advocate Mr. Thakkar,

could not dispute the aforesaid factual aspect and

therefore submitted that, in view of this factual

background, an appropriate order be passed.


5.    At this juncture, learned Senior Advocate Ms.

Megha      Jani        states      that     the      respondents           may       be

directed         to     provide      mark-sheet            to     the       present

petitioners who are unsuccessful.


6.    Considering            the   fact      that     at      this      juncture,




                                     Page 5 of 6
       C/SCA/9286/2024                                                          ORDER DATED: 19/01/2026




since the recruitment process is not yet complete, I

do not propose to pass any such order at this stage;

if the petitioners have any grievance regarding their

marks,            they           may          avail            appropriate                   remedy             in

accordance with law.


7. One copy of the result produced in tabular form

before this Court is kept separately in each of the

petitions along with this group, a photocopy of the

said result is also kept separately in each of the

petitions, and the second copy is returned to learned

Advocate Ms. Vidhi Bhatt appearing for the Gujarat

Public Service Commission.


8. Considering the above submission, as the present

petitioners,                  for         various             reasons              stated            in       the

foregoing               paragraph,                 could            not         clear           the         main

examination,                    all          these            petitions                 have           become

infructuous and are accordingly disposed of as having

become in fructuous. Notice is discharged. No order

as to costs.

                                                                           (NIRZAR S. DESAI,J)


Pallavi

 Original copy of this order has been signed by the Hon'ble Judge.
 Digitally signed by: PALLAVIBEN PRABHUDAS PANCHAL(HC01403), PRIVATE SECRETARY, at High Court of Gujarat on 20/01/2026 17:58:11

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