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 pass required examinations for promotion.

JUDGMENT :

VAIBHAVI D. NANAVATI, J.

1. Heard Mr. N.K. Majmudar, learned advocate for the petitioners and Ms. Nidhi Vyas, learned A.G.P. for the respondent nos. 1 to 5.

2. By way of the present petition under Article 226 of the Constitution of India, the petitioners have prayed for the following reliefs:

“15.....

(i) admit this petition.

(ii) issue appropriate writ, order or direction and be pleased to quash and set aside the illegal, illogical, discriminatory, arbitrary action of the respondent authorities of taking decision and of subjecting the petitioners to appear in the departmental examination on the basis of Gujarat Civil Services [Conditions of service relating to departmental examination] (General), Rules, 2015 which have been published on the basis of the Notification dated 31/3/2015 and be pleased to hold that the Rules published through Notification dated 31/3/2015 would not apply retrospectively to the petitioners and, therefore, the action of the respondent authorities of subjecting and treating the petitioners as eligible only on passing of the examination prescribed under New Rules i.e. under Notification dated 31/3/2015 may be declared as illegal, illogical, violative of Article 14 of the Constitution of India and, therefore, the said action and decision of the respondent authorities be quashed and set aside.

(iii) issue appropriate writ, order or direction and be pleased to hold that on passing of lower level examination as per the Rules which have remained in force at the time of appointment of the petitioners, all the petitioners would be eligible to get the higher pay scale from the dates on which they have passed the departmental examination i.e. lower level examination as per the rules which have remained in force prior to the publication of Notification dated 31/3/2015 and the respondent authorities may be directed to pass appropriate order for granting higher pay scale with all consequential benefits.

(iv) issue appropriate writ, order or direction and be pleased to direct the respondent authorities to pass appropriate order granting exemption to the petitioners from passing the departmental examination prescribed under Rules-2015 published through Notification dated 31/3/2015.

(v) grant interim relief and by way of interim order, be pleased to direct the respondent authorities to grant exemption to the petitioners from passing the departmental examination under 2015 Rules published through Notification dated 31/3/2015, pending hearing and final disposal of this petition.

15..... (vii) Be pleased to issue appropriate writ, order or direction, and be pleased to quash and set aside the action and decision of the respondent authorities of undertaking examination on the basis of the communication dated 20.11.2018 for a period between 17.12.2018 and 22.12.2018 i.e. on the basis of the new rules as per the notification dated 31.03.2015, that too without granting exemption to the petitioners from appearing in the said examination, and therefore, the action of the respondent authorities of conducting examination as per the new Rules may kindly be quashed and set aside, as the same is illegal, illogical, discriminatory, arbitrary and violative of Articles 14 and 16 of the Constitution of India and respondent authorities may kindly be restrained from undertaking the examination in the nature of lower level examination as per the notification dated 31.03.2015 for a period between 17.12.2018 and 22.12.2018, in the interest of justice.

15..... (viii) Be pleased to grant interim relief and be pleased to restrain the respondent authorities from undertaking examination in the nature of lower level examination on the basis of the notification dated 31.03.2015 that too on the basis of the communication dated 20.11.2018 and the entire examination procedure which is proposed to be scheduled between 17.12.2018 and 22.12.2018 may kindly be stayed, pending admission, hearing and final disposal of this petition.

15..... (ix) Be pleased t