K.S. Jhaveri, J.—The petitioners by way of filing the present petitions have prayed to quash and set aside the seniority list dated 06.09.1995 given effect from 30.09.1996 and have prayed to direct the Respondents No. 1 to 4 to prepare a fresh provisional seniority list in accordance with rules.

1.1 The petitioners have also prayed to quash and set aside the clarification dated 28.08.1973 issued by the respondent No. 1 and also to direct the respondents to maintain the ratio of 2:1 as provided under the Gujarat Panchayat Service (Classification and Recruitment) Rules, 1967 as far as the policy of the transfer from the post of Talati-cum-Mantri to the cadre of accounts is concerned.

2. It is the case of the petitioners that though the Respondents No. 5 to 33 are not qualified they are given the option for being included in the seniority list of Accounts Clerk. It is the case of the petitioners that the educational qualifications for being eligible to be selected as Clerk in the accounts Group IV were different from that of Clerk in a Common Clerical Cadre.

3. Mr. N.D. Buch, learned advocate appearing for Nanavaty Advocates for the petitioners submitted that persons having qual