Facts
The petitioner applied for the post of Assistant Director (IT), Class-I under Advertisement No. 108/2024-25 issued by the Gujarat Public Service Commission (GPSC).
Source reference: para. 2.1At the time of application (February 2025), she held a valid Economically Weaker Section (EWS) certificate dated 08.08.2022, valid until 07.08.2025.
Source reference: para. 2.1Candidates were required to upload documents between 17.09.2025 and 26.09.2025.
Source reference: para. 2.2The petitioner’s EWS certificate expired on 07.08.2025, and her renewed certificate was only issued on 04.11.2025.
Source reference: para. 7(iii)The GPSC treated her as an unreserved category candidate per Instruction No. 7(10) of the advertisement.
Source reference: para. 2.4Although she attended the interview, she was excluded from the final select list while a candidate with lower marks in the EWS Female category was recommended.
Source reference: para. 2.5–2.6Issues
1. Whether a candidate can claim reservation benefits based on a certificate renewed after the cut-off date prescribed for document verification in the advertisement.
Source reference: para. 82. Whether the respondent-GPSC’s action of treating the petitioner as an unreserved category candidate due to the expiration of her EWS certificate during the selection process was legal and valid.
Source reference: para. 9Law Applied
Article 226 of the Constitution of India regarding the High Court's discretionary jurisdiction.
Source reference: para. 1Principle of strict adherence to the terms and conditions of a recruitment advertisement.
Source reference: para. 8Clause 9 of the advertisement stipulated that for recruitments involving a preliminary exam followed by scrutiny, the requisite eligibility certificate must be valid as of the last date prescribed for uploading documents.
Source reference: para. 6(ii), 8Eligibility criteria and cut-off dates are binding and must be applied uniformly to ensure non-discrimination.
Source reference: para. 9Reasoning
The Court analyzed the timeline of the recruitment process against the validity of the petitioner’s EWS certificate; while the petitioner possessed a valid certificate at the initial application stage in February 2025, the Court emphasized that Clause 9 of the advertisement created a specific mandate: the certificate must be valid on the last date of the document-uploading window (26.09.2025).
Source reference: para. 7(ii), 8Since the petitioner's certificate expired on 07.08.2025 and the renewed certificate was only obtained on 04.11.2025, she lacked a valid document during the critical verification period.
Source reference: para. 7(iii)The Court reasoned that the language of the advertisement was explicit and left no room for pragmatic or equitable interpretations that would allow a late certificate to "relate back" to the relevant date.
Source reference: para. 8–9Uniform application of these rules is necessary to maintain the integrity of the selection process.
Source reference: para. 9Holding
The Court dismissed the petition, holding that the petitioner could not claim the benefit of reservation under the EWS category as she failed to provide a valid certificate by the deadline prescribed in the advertisement.
The Court affirmed that the GPSC was justified in treating her as an unreserved candidate; no equitable relief was granted as the terms of the advertisement are binding upon all candidates.
Source reference: para. 6(i), 9Original Court PDF
HIRAL PRAVINKUMAR RAYCHURAvsSTATE OF GUJARAT
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