Gujarat High Court

A candidate has no indefeasible right to appointment based solely on inclusion in a merit list.

SNEHA RAMANBHAI PRAJAPATI vs GUJARAT PANCHAYAT SERVICE SELECTION BOARD

Gujarat High CourtJUDGMENT: April 28, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioner applied for the post of Gram Panchayat Mantri (Class-III) following an advertisement dated December 28, 2010. She was initially recommended for appointment by the Respondent No. 1 (Board) after being found meritorious

Source reference: para. 3

During document verification on October 18, 2011, Respondent No. 2 (Panchayat) scrutinized her sports certificate for participation in Hockey at the State Level

Source reference: para. 3, 7.1

It was discovered that the certificate did not meet the criteria specified in Government Resolution (G.R.) dated February 25, 1980, as the petitioner had neither secured a top-three rank nor was part of a winning team

Source reference: para. 5.1, 7.3

Consequently, the Panchayat cancelled her selection via communication dated May 19, 2012, as the deduction of sports marks pushed her below the cutoff for the SEBC (Female) category

Source reference: para. 3, 8
02

Issues

1. Whether the respondent authorities were justified in cancelling the petitioner's selection based on the non-compliance of her sports certificate with G.R. dated February 25, 1980

Source reference: para. 7.1

2. Whether a candidate placed on a merit list possesses an indefeasible right to appointment regardless of eligibility errors discovered post-selection

Source reference: para. 8
03

Law Applied

The court applied the conditions stipulated in Government Resolution (G.R.) dated February 25, 1980, which mandates that to qualify for 5% additional sports marks, a candidate must not only participate in State or National events but also secure the 1st, 2nd, or 3rd rank, or be part of a winning team

Source reference: para. 5.1, 7.3

The court further applied the settled legal principle that a person included in a merit or select list does not have an indefeasible right to be appointed to the post

Source reference: para. 8
04

Reasoning

The court examined the petitioner's Hockey certificate and confirmed it was undisputed that she did not secure a rank nor did her team win the event

Source reference: para. 7.3

Therefore, the Board's initial award of 2.77 additional marks was "ex-facie erroneous"

Source reference: para. 7.3

Analyzing the Board’s affidavit dated September 15, 2025, the court noted that the petitioner’s written test score was 55.50 marks; without the sports incentive, her total remained 55.50, which fell below the SEBC (Female) category cutoff of 56.80

Source reference: para. 8

The court reasoned that since the mistake was identified before the actual appointment, the Panchayat acted within its rights to correct the error and ensure only truly meritorious and eligible candidates were appointed

Source reference: para. 7.3, 10
05

Holding

The court dismissed the petition, holding that the petitioner was ineligible for the additional sports marks and was not meritorious enough to secure the post after the necessary score correction

The court ruled that the cancellation of her candidature was legal and valid, as she failed to meet the specific eligibility criteria of G.R. dated February 25, 1980, and her marks were lower than the last appointed candidate in her category

Source reference: para. 8, 9

Rule discharged; no order as to costs

Source reference: para. 10
Gujarat High Court

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SNEHA RAMANBHAI PRAJAPATIvsGUJARAT PANCHAYAT SERVICE SELECTION BOARD

Gujarat High Court · April 28, 2026

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