High Court of Gujarat

PRITI KRUSHNAKANT DAVEversusGUJARAT PUBLIC SERVICE COMMISSION

Disposal: 35-ANY OTHER MODE @ ADM.STAGE
Bench: NIRAL R MEHTA

Holding

The Court permitted the petitioners to file their application for the main examination and to appear, with the results to be kept sealed, without prejudice to the GPSC.

Summary

The petitioners, aspirants for Class‑I posts, challenged their disqualification in the preliminary examination conducted by the Gujarat Public Service Commission (GPSC), alleging that many questions were cancelled or revised. They sought permission to file application forms for the main examination scheduled for 20‑28 September 2025, arguing that without interim relief they would be prejudiced. The State and GPSC opposed, contending that the commission should file its reply before any interim order. The Court, after considering submissions, held that allowing the petitioners to apply and appear would not prejudice the commission and would protect the petitioners’ interests, especially given the pending issues on question cancellations. Accordingly, the Court directed GPSC to process the applications without reference to the disqualification, permitted the petitioners to appear, and ordered that the results be kept in a sealed cover pending final determination. The matter was listed for further hearing on 7 August 2025.

Issues considered

Whether the High Court can grant interim relief permitting disqualified candidates to appear in the main examination pending final adjudication of the preliminary exam disputes
Whether such interim relief would prejudice the Gujarat Public Service Commission
Whether the results of the petitioners should be kept sealed until the Court gives further directions

Subjects

preliminary examinationmain examinationinterim reliefpublic service commissiondisqualificationsealed coverclass I postsGujarat Public Service Commissionhigh court order

Judgment

C/SCA/10075/2025                         ORDER DATED: 29/07/2025




      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
        R/SPECIAL CIVIL APPLICATION NO. 10075 of 2025
                           With
        R/SPECIAL CIVIL APPLICATION NO. 10076 of 2025
                           With
        R/SPECIAL CIVIL APPLICATION NO. 10077 of 2025
                           With
        R/SPECIAL CIVIL APPLICATION NO. 10078 of 2025
                           With
        R/SPECIAL CIVIL APPLICATION NO. 10079 of 2025
                           With
        R/SPECIAL CIVIL APPLICATION NO. 10080 of 2025
                           With
        R/SPECIAL CIVIL APPLICATION NO. 10081 of 2025
                           With
        R/SPECIAL CIVIL APPLICATION NO. 10082 of 2025
                           With
        R/SPECIAL CIVIL APPLICATION NO. 10083 of 2025
                           With
        R/SPECIAL CIVIL APPLICATION NO. 10084 of 2025
                           With
        R/SPECIAL CIVIL APPLICATION NO. 10085 of 2025
                           With
        R/SPECIAL CIVIL APPLICATION NO. 10086 of 2025
                           With
        R/SPECIAL CIVIL APPLICATION NO. 10087 of 2025
                           With
        R/SPECIAL CIVIL APPLICATION NO. 10090 of 2025
                           With
        R/SPECIAL CIVIL APPLICATION NO. 10091 of 2025
                           With
        R/SPECIAL CIVIL APPLICATION NO. 10093 of 2025
                           With
        R/SPECIAL CIVIL APPLICATION NO. 10094 of 2025
                           With
        R/SPECIAL CIVIL APPLICATION NO. 10095 of 2025
                           With
        R/SPECIAL CIVIL APPLICATION NO. 10096 of 2025
                           With
        R/SPECIAL CIVIL APPLICATION NO. 10097 of 2025
                           With
        R/SPECIAL CIVIL APPLICATION NO. 10098 of 2025
                           With
        R/SPECIAL CIVIL APPLICATION NO. 10099 of 2025
                           With
        R/SPECIAL CIVIL APPLICATION NO. 10100 of 2025
                           With
        R/SPECIAL CIVIL APPLICATION NO. 10101 of 2025


                          Page 1 of 5
    C/SCA/10075/2025                              ORDER DATED: 29/07/2025




                                With
             R/SPECIAL CIVIL APPLICATION NO. 10102 of 2025
                                With
             R/SPECIAL CIVIL APPLICATION NO. 10103 of 2025
                                With
             R/SPECIAL CIVIL APPLICATION NO. 10104 of 2025
                                With
             R/SPECIAL CIVIL APPLICATION NO. 10136 of 2025
                                With
             R/SPECIAL CIVIL APPLICATION NO. 10137 of 2025
                                With
             R/SPECIAL CIVIL APPLICATION NO. 10139 of 2025
                                With
             R/SPECIAL CIVIL APPLICATION NO. 10141 of 2025
                                With
             R/SPECIAL CIVIL APPLICATION NO. 10144 of 2025
                                With
             R/SPECIAL CIVIL APPLICATION NO. 10309 of 2025
                                With
             R/SPECIAL CIVIL APPLICATION NO. 10310 of 2025
                                With
             R/SPECIAL CIVIL APPLICATION NO. 10330 of 2025
                                With
             R/SPECIAL CIVIL APPLICATION NO. 10204 of 2025
                                With
             R/SPECIAL CIVIL APPLICATION NO. 10217 of 2025
                                With
             R/SPECIAL CIVIL APPLICATION NO. 10295 of 2025
                                With
             R/SPECIAL CIVIL APPLICATION NO. 10300 of 2025
                                With
             R/SPECIAL CIVIL APPLICATION NO. 10344 of 2025
                                With
             R/SPECIAL CIVIL APPLICATION NO. 10092 of 2025
                                With
             R/SPECIAL CIVIL APPLICATION NO. 10540 of 2025
========================================================
                       ANKITA DINESHKUMAR RATHOD
                                  Versus
                         STATE OF GUJARAT & ANR.
========================================================
Appearance:
MS MEGHA JANI FOR MR MIT S THAKKAR(11223) for the Petitioner(s) No. 1
MR ADITYA PATHAK ASSISTANT GOVERNMENT PLEADER for the
Respondent(s) No. 1
MR PREMAL R JOSHI(1327) for the Respondent(s) No. 2
========================================================

  CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL


                                Page 2 of 5
     C/SCA/10075/2025                                  ORDER DATED: 29/07/2025




                               Date : 29/07/2025

                          COMMON ORAL ORDER


1.     Heard learned Advocate Ms. Megha Jani for learned Advocate Mr.Mit
S Thakkar, learned Advocate Mr. Vaibhav Vyas and learned Advocate Mr.
Shyam Shah for the petitioners, learned Assistant Government Pleader Mr.
Aditya Pathak for respondent- State and learned Advocate Mr. Premal Joshi
appears on behalf of respondent no. 2- Gujarat Public Service
Commission(GPSC).


2.     Learned Advocate Mr. Joshi seeks for some time to file reply. The
same is objected to learned Advocate Ms. Jani on behalf of the petitioners.
It is submitted by learned Advocate for the petitioners that main
examination is scheduled on 20.09.2025 to 28.09.2025. Learned Advocate
would submit that in case this Court is granting time to the respondent –
Commission to file its reply then this Court may grant interim relief in
favour of the petitioners, more particularly permitting them to file their
application forms for the main examination. Learned Advocate would
submit that not passing of such orders, would prejudice the petitioners,
since they may not be aware about their future course of action till this High
Court decides the petitions.


3.     Request made by learned Advocate Ms. Jani is vehemently objected
to by learned Advocate Mr. Joshi who would submit that since the
Commission would file its reply on or before 06.08.2025, this Court may
not pass any interim order in favour of the petitioners till such date.


4.     Considering the submissions made by learned Advocates for the

                                   Page 3 of 5
      C/SCA/10075/2025                                  ORDER DATED: 29/07/2025




respective parties, to this Court it would appear that while the examinations
are scheduled from 20.09.2025 to 28.09.2025, yet, non grant of any interim
relief at this stage, would prejudice the petitioners, who are aspirants for the
post in question more particularly, to this Court it would appear that unless
the present petitioners are atleast given a fair idea about their status, it would
be very difficult for the petitioners to prepare for the main examination that
too for Class- I posts. To this Court it would appear that by permitting the
petitioners to appear in the examination, no prejudice whatsoever would be
caused to the respondent- Public Service Commission more particularly
since this Court intends to issue adequate safeguards as regards protecting
the interest of the Public Service Commission is concerned.


4.1     Furthermore, the issue which weighs with this Court while granting
the interim relief is the fact that in the preliminary examination, whose
answers are under question before this Court in this group of petitions, total
18.5% questions have been cancelled/ revised by the respondent – Public
Service Commission itself. It would also appear that the petitioners are
questioning the answers of even more questions than that has been
cancelled by the the Public Service Commission. It also appears that the
petitioners are also challenging suo motu cancellation of the questions by
the Public Service Commission. Therefore, to this Court at this stage, based
upon prima facie understanding it would appear that there may be a
possibility that the petitioners may ultimately find themselves successful in
the preliminary examination, yet, on account of their fate not being decided
before hand, they would get very less time for preparation for the main
examination. Moreover, to this Court it would appear that permitting the
petitioners to appear in the examination without creating any equity in their
favour and directing the GPSC to place the result in a sealed cover, pending


                                    Page 4 of 5
       C/SCA/10075/2025                                                        ORDER DATED: 29/07/2025




final decision of these petitions would balance the interest of both the
parties. Hence the following directions:


          [1]      The petitioners, i.e all the petitioners of these petitions, are
          permitted to file their application form for appearing in the main
          examination, which is scheduled from 20.09.2025 to 28.09.2025.
          Learned Advocates for the petitioners submits that since the last
          date for applying being 31.072025, it would be possible for all the
          petitioners to apply on or before the said date.


          [2]      The GPSC shall process the applications of the petitioners,
          without any reference to the fact that the petitioners are shown as
          disqualified in the preliminary examination and whereas the GPSC
          shall take appropriate steps to ensure that the petitioners are able to
          appear in the main examination.


          [3]       It is clarified that appearing in the main examination, shall not
          create any equities in favour of the petitioners and whereas it is
          further directed that the results of the present petitioners, shall be
          kept in a seal cover, to be opened after further directions are given in
          that regard by this Court.


          [4]      List the matter on 07.08.2025 by which date reply shall be filed
          by the GPSC.



                                                                                 (NIKHIL S. KARIEL,J)
NIRU
 Original copy of this order has been signed by the Hon'ble Judge.
 Digitally signed by: NIRU ROSHAN SHAH(HC00211), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 29/07/2025 18:07:13




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