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1 - 3 of 3 (0.18 seconds)Article 16 in Constitution of India [Constitution]
Gujarat State Dy. Executive Engineers' ... vs State Of Gujarat And Ors. on 10 May, 1994
This Court, while placing reliance on the judgment of the Supreme
Court in the case of Gujarat State Deputy Executive Engineers' Association
vs. State of Gujarat and Ors., 1994 (0) GLHEL-SC-10019 has held that such
discrimination of the candidates on the ground of medical and education
fields with regard to appointment of the candidates would be violative of
Article 14 of the Constitution of India. It appears that thereafter pursuant to
the interim direction issued by this Court, the concerned petitioner was
appointed by the order dated 16.07.2012, hence the writ petition was
disposed of by observing that the parties will governed by the interim relief
dated 27.12.2011. Thus, the aforesaid observations made by this Court with
regard to very same provisions of the circular dated 24.12.2008 have
become final and hence, the respondent authorities cannot take shelter
against the said provisions for denying the case of the petitioner for the
appointment to the post of Motor Vehicle Prosecutor, Class-II. It is
interesting to note that the aforesaid resolution was also subject matter of
challenge in Special Civil Application No.15682 of 2014 and allied matters
and by the comprehensive judgment dated 21.10.2016, this Court has set
aside the circular dated 24.11.2008 and declared its arbitrary and violative of
Articles 14 and 16 of the Constitution of India by observing thus:-
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