High Court of Gujarat
TRUPTI NARESHBHAI CHAUDHARYversusGUJARAT PUBLIC SERVICE COMMISSION
- Disposal
- 31-NOTICE DISCHARGED @ ADM.STAGE
- Bench
- MAULIK SHELAT
Holding
The petition is relegated to the civil court as the controversy involves factual disputes that require evidentiary proof, and the High Court will not entertain the writ.
Summary
The petitioner filed a Special Civil Application under Article 226 of the Constitution seeking a writ of mandamus to quash a Gujarat Public Service Commission notification and to be declared the successful candidate for a specific seat. The High Court examined the pleadings and the reply filed by the GPSC and observed that the dispute involves multiple factual questions that require evidence. Consequently, the Court held that the matter is not suitable for adjudication by a writ jurisdiction and must be referred to a civil court. The Court also noted that the time spent before it may be set off against the limitation period under Section 14 of the Limitation Act, 1963, which the civil court will determine. No merits were decided, and the petition was disposed by relegating it to the civil court.
Issues considered
- Whether a writ petition under Article 226 can be entertained when the dispute involves multiple factual questions requiring evidence.
- Whether the petitioner should be directed to approach a civil court for relief.
- Whether the limitation period under Section 14 of the Limitation Act, 1963, can be set off for the subsequent civil suit.
Legislation cited
- Constitution of Indias. Article 226
- Limitation Act, 1963s. Section 14
Subjects
Article 226Writ of MandamusLimitation ActCivil CourtRelegationPublic Service CommissionAdministrative Law
Judgment
C/SCA/13608/2019 ORDER DATED: 07/04/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 13608 of 2019
=============================================
TRUPTI NARESHBHAI CHAUDHARY
Versus
GUJARAT PUBLIC SERVICE COMMISSION & ANR.
=============================================
Appearance:
MR ATUL N VYAS(13986) for the Petitioner(s) No. 1
MR PRADEEP PATEL(642) for the Petitioner(s) No. 1
MR PREMAL R JOSHI(1327) for the Respondent(s) No. 1
NOTICE SERVED BY DS for the Respondent(s) No. 2
=============================================
CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 07/04/2026
ORAL ORDER
1. Heard Mr.Pradeep Patel, learned advocate for the
petitioner and Mr.Premal Joshi, learned advocate for
respondent No.1.
2. The present petition is filed under Article 226 of the
Constitution of India, seeking the following reliefs :
“(A) Your Lordship may be pleased to admit and allow this
petition.
(B) Your Lordship may be pleased to issue a writ of
mandamus and/or any other appropriate writ order or
direction quashing and setting aside the Notification
No.CCE-2018-711-(16)-EX dated 04.07.2019 issued by the
respondent No.1-GPSC to the extent of merit no.238,
whereby the respondent No.2 is shown as successful
candidate at Seat No.107097423 pursuant to the
Advertisement No.40/2018-19.
(C) Your Lordship may be pleased to issue a writ of
mandamus and/or any other appropriate writ order or
direction directing the respondent no.1-GPSC to declare
the petitioner as successful candidate as against her seat
number i.e. Seat No.107097423 pursuant to the
Advertisement No.40/2018-19.
Page 1 of 3
C/SCA/13608/2019 ORDER DATED: 07/04/2026
(D) Pending admission, hearing and final disposal of this
petition, Your Lordship may be pleased to stay
implementation, operation and execution of the declaration
of the result qua Seat No.107097423 and thereby further
be pleased to direct the respondent no.1 – GPSC to keep
one seat vacant as against Seat No.107097423 pursuant to
the Advertisement No.40/2018-19.”
3. After arguing for some time and considering the reply
which is filed by respondent No.1–GPSC, under the
instructions of his client, Mr.Patel, learned advocate for the
petitioner would request this Court that the petitioner may be
allowed to approach the Civil Court to seek appropriate
declaration and relief in regard to the prayers made in this
petition.
4. Prima facie, after hearing the learned advocates for the
respective parties, especially upon perusal of the reply and
documents submitted by respondent No.1-GPSC, I am of the
view that considering the nature of controversy germane in
the matter, the petitioner is required to be relegated to the
Civil Court as there are multiple disputed questions of fact
involved wherein evidence is required to be led to prove the
claim of the petitioner.
5. At the same time, while relegating the petitioner to the
Civil Court, time spent before this Court is required to be
given a set-off and it is open for the petitioner to claim benefit
of Section 14 of the Indian Limitation Act, 1963, while filing
any suit before competent Civil Court. Such aspect shall be
examined and adjudicated by the Civil Court after giving an
opportunity of hearing to all parties concerned.
Page 2 of 3
C/SCA/13608/2019 ORDER DATED: 07/04/2026
6. It is made clear that this Court has not examined the
merits of the matter, but upon prima facie appreciation of
submissions and pleadings of the parties, decided to relegate
the petitioner to the Civil Court, as prayed.
7. In view of the aforesaid observation and reasons, this
petition is, accordingly, disposed of. Notice is discharged.
There shall be no orders as to costs.
(MAULIK J. SHELAT, J)
GAURAV J THAKER
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: GAURAVKUMAR JANARDANBHAI THAKER(HC00951), Principal Pvt. Secretary, at High Court of Gujarat on 07/04/2026 16:17:52
Page 3 of 3
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