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2004 Supreme(Guj) 835

K.A.PUJ
Balvantbhai D. Barot – Appellant
Versus
State of Gujarat – Respondent


JUDGMENT :

K.A. Puj, J.

1. to 5. xxx xxx xxx

6. Mr. D.C. Raval, learned advocate appearing for the petitioners, in both these Petitions, has mainly challenged the order/communication dated 27-01-1989 on the ground that the criteria laid down in the advertisement with regard to educational qualification and the experience on the basis of Rule 3 (b)(1) of Gujarat Educational Service Class-I (Administrative Branch) and Rule 2 of the Gujarat Civil Services Classification and Recruitment (General) (Amendment) Rules, 1973 are illegal, unconstitutional, null and void and hence, they are required to be struck down. He has further submitted that the said Rules resort to invidious and irrational classification and reject the qualified persons like the petitioner on the basis of micro distinctions that are not relevant to the requirements of the post. He has further submitted that present appointment pursuant to the advertisement in question was to be made in the Gujarat Education Service Class-I (Administrative Branch) and as far as the qualification in the field of education is concerned, it was merely insisting for a Bachelor Degree or an equivalent Degree or Diploma. There is no requirement

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