Gujarat High Court Upholds Recruitment Rules for Sub-Inspector Exams

Court clarifies candidates must secure 40% marks in each subject, not in aggregate, for qualification.

In a crucial judgment, the Gujarat High Court has upheld the Recruitment Rules regarding the qualifying standards for the Sub-Inspector/Instructor, Class III examinations. The court clarified that candidates must secure a minimum of 40% marks in each subject of the written test to qualify, rather than 40% in aggregate. The decision came in response to petitions filed by several candidates, including Kush Rashmikantbhai Dave, challenging the results of the main examination conducted by the Gujarat Subordinate Selection Board.

The petitioners argued that they had secured more than 40% marks in aggregate and should have been considered successful. They contended that the Selection Board's requirement for 40% marks in each subject was a change in the rules after the recruitment process had commenced, thus violating the principle against changing the "rules of the game" mid-way.

However, Justice Nikhil S. Kariel, presiding over the case, dismissed the petitions, emphasizing that the Recruitment Rules clearly stipulated a minimum qualifying standard of 40% in each subject. The court found that the use of the term "written test" in the rules referred to each subject individually and not to an aggregate score. The judgment further noted that the clarificatory note issued by the Selection Board reiterating this requirement did not constitute a change in the recruitment process but served to clarify the existing rules.

The decision also referenced the Supreme Court's principles on statutory interpretation, highlighting that the intent of the legislature must be gathered from the language of the rules. In this case, the court found the rules to be explicit in their requirement for subject-wise qualifying marks.

This judgment reaffirms the importance of adhering to the established recruitment criteria and provides clarity on the interpretation of qualifying standards in competitive examinations, ensuring that only candidates meeting the requisite proficiency in all subjects are considered for selection.

Bottom Line:

Recruitment Rules and interpretation - Requirement of minimum qualifying marks in each subject of the written examination cannot be treated as aggregate marks across all subjects. Clarificatory note reiterating this position is not a change in the rules of the game after the recruitment process has commenced. 

Statutory provision(s):  

• - Rule 11 of the Sub-Inspector/Instructor, Class III (Competitive Examination for Direct Recruitment) Rules, 2016
• - Articles 14 and 16 of the Constitution of India

Kush Rashmikantbhai Dave v. State of Gujarat, (Gujarat) : Law Finder Doc Id # 2785844