( 1 ) THESE appeals arise out of an order passed by the learned single Judge in Special Civil Application No. 3678 of 1997 on 29/09/1997

( 2 ) RESPONDENT No. I -original petitioner had applied for the post of Personal assistant (Non-Technical) to the Chief Town Planner and was placed at the top of the select list by Gujarat Public Service Commission ("g. P. S. C. " for short ). The application was given by him pursuant to an advertisement that was published by g. P. S. C. , a copy of which is produced at Annexure-A. There were certain other candidates also, who had applied and. after the select list was prepared, name of respondent No. 1 was recommended by G. P. S. C. , to the Government for appointment.

( 3 ) UPON verification of the documents, the Government Department found that respondent No. 1 did not possess the requisite qualifications and, therefore, there was an exchange of correspondence and, ultimately, it was found that because he did not possess the requisite qualification of about 5 years experience as required. his name was checked off the select list.

( 4 ) BEING aggrieved by that decision of G. P. S. C. , respondent No. 1 preferred special Civil App