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1991 Supreme(Guj) 144

S.D.SHAH
VELJIBHAI M. DESAI – Appellant
Versus
STATE – Respondent


Advocates Appeared: HARUBHAI MEHTA, J.R.NANAVATI, M.R.ANAND

S. D. SHAH, J.

( 1 ) THIS group of petitions once again bring to the surface the un-ending conflict between the direct recruits and promotees in Gujarat Engineering Service Class I and Class II. This conflict has its deep-rooted cause in unfortunate un-equal prescription of quota by statutory recruitment rules providing initially one post for direct recruit against three for promotees which further came to be reduced to 1 : 4 by amendment of statutory rules. This permissible un-equal treatment brings an element of discontent amongst fresh graduates inasmuch as seats allocable to them in Engineering Services are nominal compared to their counter-part i. e. promotees who get the major chunk of the available seats. Second Cause of this conflict was proviso of Rule 3 prior to its amendment which provided for lapsing of vacancies meant for direct recruits on their non-availability in a recruiting year giving rise to discontent amongst fresh graduates in getting berth in Engineering Service. Third Cause which contributed to the discount of direct recruit was provided by the Gujarat Public Service Commission when it held the second examination for direct selection to the post of G. S. E. C



















































































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