G G Shaikh vs State Of Gujarat - 2024 Supreme(Guj) 348

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Guj) 348

SUNITA AGARWAL, ANIRUDDHA P. MAYEE
G G Shaikh – Appellant
Versus
State Of Gujarat – Respondent

Advocates:
Advocate Appeared:
For the Petitioner:Mr Bhaskar Tanna, Sr. Adv. With Mr Hardeep Mahida, Advocate For Tanna Associates
For the Respondent: Ms Hetal Patel, Asst. Government Pleader

JUDGMENT :

SUNITA AGARWAL, J.

1. By means of the instant petition, filed in the year 1991, the petitioners who were appointed on the post of Deputy Engineer (Civil) Class-II, in the year 1980 and 1982, seek the following reliefs:-

“B. Be pleased to issue an appropriate writ under Article 226 of the Constitution of India, declaring the proviso to Rule-3 and provisions of Rule 12 of Deputy Engineers (Civil) Gujarat Services of Engineers Class II Recruitment Rules, 1979 as arbitrary, illegal ultra vires the constitution of India, invalid and inoperative.

C. Be pleased to issue an appropriate writ under Article 226 of the Constitution of India, declaring the proviso to Rule 2 and provisions of Rule 13 of the Executive Engineers (Civil) Gujarat Services of Engineers Class I Recruitment Rules, 1979 as ultra vires the Constitution of India, arbitrary, illegal, invalid and inoperative.

D. Be pleased to issue a writ of mandamus on a writ in the nature of mandamus or any other appropriate writ order, or direction under Article 226 of the Constitution of India, directing the respondent Nos. 1 and 2 to consider the petitioner as directly recruited on the vacancies of the Executive Engineers (Civil)

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