Back
VAIBHAVI D. NANAVATI
Jaydev Babubhai Jadeja – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
VAIBHAVI D. NANAVATI, J.
1. Issue Rule, returnable forthwith. Ms.Nidhi Vyas, learned A.G.P. waives service of notice of Rule on behalf of the respondents.
2. Heard Mr.Rahul Rajhans, learned advocate appearing for Ms.Rajvi Patel, learned advocate for the petitioner and Ms.Nidhi Vyas, learned A.G.P. for the respondent nos.1 to 5.
3. By way of the present petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs:-
B. YOUR LORDSHIPS may be pleased to issue a writ of mandamus or any other writ, order or direction quashing and setting aside the action of the respondent authorities of subjecting the petitioner to appear in the departmental lower level examination to be conducted as per notification issued on 31.03.2015 and further be pleased to declare that the petitioner is exempted from the rule mandating the passing of lower level examination prescribed under Gujarat Civil Services (Conditions of Service relating to Departmental Examination) (General Rules), 2015.
C. Pending, hearing and/or final disposal of this petition this Hon’ble Court may be pleased
The court ruled that the petitioner must comply with the new departmental examination rules for promotion, as the old rules do not apply retrospectively.
The court ruled that the Gujarat Civil Services (Conditions of Service relating to Departmental Examination) Rules, 2015 are prospective and do not apply retrospectively to petitioners, who failed to....
Exemption from departmental examination can be granted retrospectively; discrimination against similarly situated officers violates Article 14.
The exemption from passing the departmental examination for promotion based on eligibility as of 01.09.2022 does not violate Article 14 of the Constitution, as it is a reasonable classification.
The court established that acceptance of appointment conditions, including language proficiency requirements, precludes later claims for exemption based on age.
The central legal point established in the judgment is that eligibility for higher pay-scale benefits is determined by the completion of service years, irrespective of the date of passing the departm....
The main legal point established in the judgment is that the principle of 'merit cum seniority' was applicable to the promotional posts in question, and the petitioner failed to satisfy this test, le....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
