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2011 Supreme(Guj) 171

ABHILASHA KUMARI
MULABHAI HARCHANDJI PATEL – Appellant
Versus
STATE OF GUJARAT THROUGH SECRETARY – Respondent


Advocates Appeared:
H. S. Munshaw, for the Petitioner.
Maulik G. Nanavati, A.G.P., for Respondent No. 1.
D. G. Shukla, for Respondent NO.2.

JUDGMENT

SMT. ABHILASHA KUMARI, J. Rule. Mr. Maulik G. Nanavati, learned Assistant Government Pleader waives service of notice of Rule for respondent No. 1. Mr. D. G. Shukla, learned Counsel waives service of notice of Rule on behalf of respondent No.2. On the facts and in the circumstances of the case and with the consent of the learned Counsel for the respective parties, the petition is being heard and finally decided today.

2. This petition under Art. 226 of the Constitution of India has been filed with a prayer to issue a writ of mandamus or an appropriate writ or direction, quashing and setting aside the impugned order dated 27-10-2010 (Annexure-D) issued by respondent No. 2, whereby the petitioner has been debarred from participating in the interview for the post of Deputy Director (Class-I), Tribal Development Department, Government of Gujarat, on the ground that he does not hold the requisite experience, as prescribed by the Rules. There is a further prayer to direct respondent No. 2 to issue a call letter to the petitioner for participation in the interview for the said post.

3. Briefly stated, the relevant facts of the case are that, advertisement No. 164 of 2006-2007 dated































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