Gujarat HC quashes GPSC result for Asst Prof post, prioritises basic branch degree over merit

Emphasising specificity over pure merit, Gujarat High Court quashed the final selection result prepared by Gujarat Public Service Commission (GPSC) for the post of Assistant Professor in Industrial Engineering at Government Degree Engineering Colleges.

The court directed GPSC to prepare a fresh result sheet in line with a key Government Resolution (GR) dated June 14, 2016, which mandates giving first preference to candidates holding a basic degree in the relevant branch.

The order came on a petition filed by Vashim Kureshi, who challenged his non-selection despite possessing a basic degree in Industrial Engineering. Kureshi also holds a Master's degree in Manufacturing and Systems Engineering, making him eligible for the Gujarat Education Service, Class-II post.

According to the petitioner, out of six candidates shortlisted for the interview stage, he was the only one with a basic degree in Industrial Engineering. The selected candidate held a basic degree in Mechanical Engineering—a non-basic branch for this post—and secured higher overall marks.

Kureshi's counsel argued that the 2016 GR requires prioritising basic branch candidates in such recruitments. The advocate clarified that while preference does not mean completely disregarding merit, basic branch candidates should be considered first, and only if none are available or suitable should others be taken.

Opposing the plea, the selected candidate's advocate contended that Kureshi failed to meet the benchmark marks (20 marks) prescribed in the original advertisement. They argued that mere preference cannot override higher merit or allow cancellation of established benchmarks during the interview process.

A single-judge bench observed that in ordinary cases, preference alone does not permit a less meritorious candidate to supersede a more meritorious one. However, the court stressed the employer's (State's) intention as expressed in the GR. The resolution's spirit requires that "only basic branch candidates shall be first considered", and non-basic branch candidates should be taken up only if suitable basic branch candidates are unavailable.

The court held that the impugned result was not prepared in accordance with the 2016 GR provisions. It set aside the selection and ordered GPSC to revise the result accordingly.