Dalal Abduljavid Mustufa v Principal District Judge and others
Gujarat High Court
15 October 2013
Letters Patent Appeal No. 1102 of 2013 in Special Civil Application No. 268 of 2009
The Judgment was delivered by : Vijay Manohar Sahai, J.
1. Heard learned counsel for the parties.
2. Mr. M.S.Shah, learned counsel for the respondent nos. 1 and 2 states that all the answer books of selected and non-selected candidates have left Baroda by a Tempo but the said tempo is not coming from the Express Highway and it is coming from the Old National Highway. A submission is also made that the tyre of the tempo has got punctured.
3. In the aforesaid circumstances, we accept the above explanation and the matter be listed on 17th October, 2013 immediately after the admission board.
4. Mr. Shah, learned counsel states that the copies of answer books may be kept in safe custody of this Court. At the request of Mr. Shah, it is directed that the copies of answer book be kept in the custody of Registrar General of this Court.
5. Mr. Shah, learned counsel has not yet filed any affidavit. Therefore, let him file an affidavit with an explanation that why mistake regarding the OBC candidates and scheduled caste candidates has yet not been corrected on or before 17/10/2013. Ms. Geetaben Parmar, who was selected as an OBC candidate in the select list no. 26 was in fact the candidate of scheduled caste and she ought to have been selected under the scheduled caste quota.
When it came to the knowledge of respondent why they have not yet corrected or made any effort to get select list corrected, shall also be explained. Further in the affidavit it should also be explained that the law is well settled that if the reserved category candidate gets higher marks than the general category candidate, then, he has to be selected as general category candidate and then vacancy under the reserved category candidate should be filled in from persons where merit list of OBC candidates starts.
6. With the aforesaid direction, list on 17th October, 2013. However, if for any reason this Bench is not available, it is made clear that matter will be taken up on 18/10/2013.
Order accordingly
