We have heard Mr. Mahesh A. Parekh, learned counsel appearing for the appellant and Mr. Rakesh P. Patel, learned Assistant Government Pleader appearing for the respondent No.1. 2. This Intra-Court Letters Patent Appeal has been filed challenging the judgment dated 10.9.2012 passed in Special Civil Application No.10838 of 2012 by which the learned Single Judge has dismissed the writ petition.
3. The appellant applied in pursuance of an advertisement for the post of Gram Panchayat Mantri in Kheda District. He filled on-line application and he was declared successful in the written test under the category Physically Handicapped. The appellant immediately informed the respondents that he is not a Physically Handicapped candidate nor he has filled his form in the said category and he is a candidate of general category. In the general category, the minimum cut-off mark of general male category was 68.80 marks for selection and 66.20 marks for waiting, whereas the appellant had secured only 64.90 marks. Therefore, he could not be selected.
4. Learned counsel for the appellant has urged that the respondents were required to correct their mistake and should have declared the result of the appellant as general candidate category so that the appellant would have challenged the said order.
5. In our opinion, it would have made no difference even if the order was corrected by the respondents. The result would be the same that the appellant would remain unqualified for the post as he has not received adequate number of marks for being selected or for being placed in the waiting list.
6. For the aforesaid reasons, we do not find any merits in this appeal. This appeal fails and is accordingly dismissed.
7. In view of dismissal of appeal, civil application does not survive and it also stands dismissed.
Sd/-
[V. M. SAHAI, J.] Sd/-
[G. B. SHAH, J.] Savariya