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HIGH COURT OF GUJARAT
SUNITA AGARWAL, PRANAV TRIVEDI
Maushami Amulkumar Ganguly – Appellant
Versus
State of Gujarat – Respondent
JUDGMENT :
SUNITA AGARWAL, C.J.
1. The challenge in the present petition is to the provisions contained in the Rule 2(i) of the Gujarat Panchayat Services (Class-III), Departmental Examination (Second Amendment) Rules, 2023 (in short as ‘the Rules’ 2023’), whereby a proviso has been inserted in sub-rule (1) of Rule 3 of the Gujarat Panchayat Services (Class-III), Departmental Examination Rules, 2022 (in short as ‘the Departmental Examination Rules’ 2022) as under:-
“2. In the Gujarat Panchayat Services (Class-III), Departmental Examination Rules, 2022, (hereinafter referred to as “the said rules”), in rule-3,
(i) After sub-rule(1), the following proviso shall be inserted, namely:-
“Provided that the person who was eligible in all respect on the 1st September, 2022 for being promoted to the post mentioned in Part-II Appendix-A shall be exempted from passing the examination.”
2. The original Rules 3(1) and 4 of the Departmental Examination Rules’ 2022 is relevant to be extracted hereinunder:-
“3. Requirement to pass the examination
3(1) The person appointed to the post specified in Part-I of Appendix A shall be required to pass the Lower Level Departmental Examination to be eligible for prom
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 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....
The court ruled that the petitioner must comply with the new departmental examination rules for promotion, as the old rules do not apply retrospectively.
Exemption from departmental examination can be granted retrospectively; discrimination against similarly situated officers violates Article 14.
The court upheld the validity of amended promotion rules, ruling they apply prospectively and that participation in the selection process waives the right to challenge it.
when a new post is created, the concept of Rules obtaining when the vacancies arose is inappiicable as what is created is a new post on account of re-structuring of the cadre.
Eligibility for benefits under the ACP/MACP Scheme is conditional upon passing relevant departmental examinations, which is mandatory for promotion.
Classification based on educational qualifications for promotion in public service is valid if it promotes academic excellence and has a rational basis.
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