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2020 Supreme(Guj) 118

VIKRAM NATH, A.J.SHASTRI
Rajendra Shivrambhai Patel – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant :MR GUATAM JOSHI, SENIOR ADVOCATE WITH MR DHARMIK R BAROT

ORDER :

A.J. SHASTRI, J.

1. Present petition under Article 226 of the Constitution of India is filed by some 15 petitioners for challenging the legality and validity of Rule 2 and 4 of the Recruitment Rules of Deputy Director of Animal Husbandry (Class-I) cadre prescribed by virtue of Notification dated 31.7.2018.

2. The premise on which the aforesaid Rules are challenged, is that the petitioners are the Veterinary Doctors presently working either as Veterinary Officer or Assistant Director in the Animal Husbandry as Class II officers or Deputy Director/Joint Director of Animal Husbandry as Class I officers. According to the petitioners, the prevailing Recruitment Rules and governing the posts, were from 2.5.1989. Under these for the purpose of promotion from Class-II officer to Class-I officer, minimum experience of not less than 8 years in Gujarat Animal Husbandry Class II Service was required for direct appointment as a Class I officer where a minimum educational qualification was a bachelor degree in Veterinary Science and Animal Husbandry. Rule 2(a) and Rule 3(b)(i) and (ii) prescribed such position, according to the petitioners. These posts of Veterinarians have been divided int

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