JUDGMENT

Dr. B.S. Chauhan, J.-This appeal has been preferred against the impugned judgment and order dated 14.9.2009, passed by the High Court of Gujarat at Ahmedabad in Special Civil Application No.8209 of 1988, by way of which the High Court has allowed the writ petition filed by the respondents striking down Rule 3(1)(iii)(a) of the Gujarat Revenue Tribunal Rules 1982 (hereinafter referred to as ‘Rules 1982’), which conferred power upon the State Government to appoint the Secretary to the Government of Gujarat, as President of the Revenue Tribunal (hereinafter referred to as ‘Tribunal’) constituted under the Bombay Revenue Tribunal Act, 1957 (hereinafter referred to as the ‘Act, 1957’).

2. The facts and circumstances giving rise to this appeal are mentioned hereunder :

(A) The Government of Gujarat, in exercise of its power under the Act of 1957 and the Rules, 1982 appointed appellant no.2 as the President of the Gujarat Revenue Tribunal vide order dated 16.4.1988. His appointment was challenged by the respondents herein, on the ground that the office of the Chairman, being a “judicial office” could not be usurped by a person who had been an Administrative Officer all his life.