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2020 Supreme(Guj) 659

BIREN VAISHNAV
Deepak S/o Ishwar Chandnani – Appellant
Versus
Rajkot Municipal Corporation – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR ANAND B GOGIA, MR BB GOGIA, MS MUSKAN A GOGIA, Adv.
For the Respondent: MR KV GADHIA, MR ZUBIN F BHARDA, adv

ORDER :

1. Both these petitions, under Article 226 of the Constitution of India, arise out of a common cause of action inasmuch as the advertisement issued by the Rajkot Municipal Corporation (for short 'the Corporation') for appointment of a Municipal Accountant. The qualification advertised for the post was that the candidate should possess a qualification in Accountant Technical Course from The Institute of Chartered Accountants of India (for short 'the Institute').

1.1 Special Civil Application No. 5852 of 2019 is by the petitioner who according to himself though is qualified as he has passed the Accountant Technical Course and was above respondent no.2, his case for appointment was ignored and the respondent no.2 was appointed. His petition being Special Civil Application No. 5852 of 2019, the court issued notice by an order dated 25.03.2019. It appears that when the court issued notice in the aforesaid matter, the respondent Corporation by an order dated 24.06.2019 terminated the services of the respondent no. 2 whose selection was challenged by the petitioner of Special Civil Application No. 5852 of 2019. The order of termination dated 24.06.2019 gave rise to a petition at the

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