DHIRENDRA KANTILAL DESAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners by way of filing the present petitions have prayed to quash and set aside the seniority list dated 06.09.1995 given effect from 30.09.1996 and have prayed to direct the Respondents No. 1 to 4 to prepare a fresh provisional seniority list in accordance with rules.

(2.) It is the case of the petitioners that though the Respondents No. 5 to 33 are not qualified they are given the option for being included in the seniority list of Accounts Clerk. It is the case of the petitioners that the educational qualifications for being eligible to be selected as Clerk in the accounts Group IV were different from that of Clerk in a Common Clerical Cadre.

(3.) Mr. N.D. Buch, learned advocate appearing for Nanavaty Advocates for the petitioners submitted that persons having qualification of SSC with Mathematics as one of the subjects can only be appointed to the post of Accounts Clerks. He submitted that the seniority list is not prepared as per the amended rules. He submitted that the Respondents No. 5 to 33 do not possess the minimum qualification of passing SSC examination with Mathematics as one of the subjects and therefore even according to the notification which empowers the authorities to give the option is not followed.