High Court of Gujarat
KANTIBHAI RAMESHBHAI PANDORversusSTATE OF GUJARAT
- Decided
- Disposal
- 26-DISMISSED @ ADM.STAGE
- Bench
- NIRZAR S DESAI
Holding
The petition is dismissed as the petitioner scored only 16 marks, well below the required cutoff for the locomotor disability category.
Summary
The petitioner, a disabled individual with a locomotor impairment, applied for a conductor post with the Gujarat State Road Transport Corporation (GSRTC) but his application was rejected on the basis that he had indicated a different disability (hard of hearing) and scored only 16 marks. He filed a petition seeking the quashing of the rejection order, arguing that his disability should be considered on a mercy basis and that he deserved an opportunity for employment. The respondent GSRTC contended that the recruitment was for physically disabled candidates, with hard of hearing classified as Category‑B and locomotor as Category‑C, and that the cutoff for Category‑C was 51.50 marks, far above the petitioner's score. The court examined the marks and the applicable disability categories and concluded that even if the petitioner were correctly classified, his marks were insufficient for selection. Consequently, the court dismissed the petition, finding no merit for relief.
Issues considered
- Whether the petitioner is eligible for appointment as a conductor under the locomotor disability category despite the misstatement of disability.
- Whether the rejection order dated 13‑10‑2025 can be set aside on grounds of disability and merit.
- Whether the petitioner is entitled to any relief on the basis of being a needy and disabled person.
Subjects
- disability
- appointment
- merit
- selection criteria
- public service recruitment
- GSRTC
- conductor post
- Category‑C disability
- merit marks
Judgment
C/SCA/17666/2025 ORDER DATED: 30/01/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 17666 of 2025
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KANTIBHAI RAMESHBHAI PANDOR
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
NIYATI V VAISHNAV(6168) for the Petitioner(s) No. 1
MR ADITYA DAVDA AGP for the Respondent(s) No. 1
MR HS MUNSHAW(495) for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 30/01/2026
ORAL ORDER
1. Heard learned advocate Ms. Niyati Vaishnav for the
petitioner, learned advocate Mr. H.S. Munshaw for respondent
No.2, and learned AGP Mr. Aditya Davda for the State.
2. By way of this petition, the petitioner has prayed for the
following reliefs:
(A) direct respondent authorities to reconsider the case
of the petitioner for the appointment on the post of
conductor by quashing and setting aside the office order
dated 13.10.2025 rejecting the candidature of the
petitioner;
(B) direct the respondent authorities to consider the case
of the petitioner on mercy ground being needy and
disabled person by showing liberal approach and grant
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C/SCA/17666/2025 ORDER DATED: 30/01/2026
him one opportunity to serve and earn his livelihood if
there is still any vacancy;
(C) Award the cost of the petition, and
(D) Grant any other relief or pass any other order which
the Honourable Court may consider as just and proper in
the facts and circumstances of the case.
3. The grievance of the petitioner is that he is suffering
from disability of one leg (OL), whereas, while filling up the
application form, the disability was somehow mentioned as HH
(Hard of Hearing). On that ground, according to the petitioner,
his candidature was rejected, which has led to filing of the
present petition.
4. Learned advocate Mr. Munshaw appearing for GSRTC has
filed a reply. In paragraph 10 thereof, the following averments
are made:
“The Respondent No.2 submits that as stated herein
above in all 92 posts were to be filled up through
candidates having physical disabilities. It is stated that
the physical disability of 'hard of hearing' falls in
Category-B and the last available candidate has secured
7.75% of marks. It is stated that the physical disability
of Locomotor falls in Category-C and the last candidate
has secured 51.50 marks. It is stated that as per the
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C/SCA/17666/2025 ORDER DATED: 30/01/2026
Medical Certificate indicating Locomotor disability, the
case of the petitioner falls in Category-C and as the
petitioner has secured just 16 marks, he is not eligible
for selection and appointment on that ground.”
5. The above averments, made on oath by the Chief
Personnel Officer, GSRTC, Ahmedabad, clearly indicate that the
petitioner has secured only 16 marks, whereas the last selected
candidate from Category-C (Locomotor Disability) has secured
51.50 marks, which is far higher than the marks obtained by
the petitioner. Therefore, even if the petitioner's case is
considered in the category of locomotor disability, instead of
hard of hearing, the petitioner would still not fall within the
zone of consideration on merits as stated by learned advocate
Mr.Munshaw. In view of that, no further order is required as
the petitioner has secured just 16 marks and he is far below
than the last candidate who is in the select list.
6. In view of the above, no further order is required. The
petition is required to be dismissed and is accordingly
dismissed.
(NIRZAR S. DESAI,J)
BHAVIN MEHTA
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: BHAVINKUMAR DEVENDRABHAI MEHTA(HCW0108), ENGLISH STENOGRAPHER GRADE I, at High Court of Gujarat on 30/01/2026 17:07:50
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