CHAVDA JAGDISH SHANTILAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned counsel for the appellant.

(2.) It is not disputed that two petitioners and the respondent who was empaneled in the panel prepared for being appointed as Deputy Town Planner had the requisite qualifications as stated in the notification dated 10.6.1974. Once, it is conceded that none of the parties were lacking any qualifications and the petitioner was working in some higher post, it cannot be said that one who is working on the lower post cannot compete for direct selection if he is otherwise found eligible according to the qualification issue. In the instant case, selected candidate i.e. respondent No.3 is qualified. He being qualified if considered and not being appointed, it cannot be said that any illegality was committed, the same has been observed by the learned single Judge and according to our opinion rightly so. In that view of the matter, we see no merit in the appeal and the same is dismissed.

(3.) In view of dismissal of main appeal, civil application does not survive and is accordingly disposed of.