PURVI M PATEL Vs. GUJARAT PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) WE have heard learned counsel Mr.Shalin Mehta for the appellants, learned counsel Mr.D.G.Shukla for the respondent No.1 and learned AGP Mr.N.J.Shah for the respondent No.2.

(2.) AN advertisement was issued by Gujarat Public Service Commission on 28.1.2009 inviting applications for 67 posts of Principal/Senior Surveyor/Technical Officer/Training-cum-Placement Officer/Trade Testing Officer in Gujarat Skill Training Service, Class II (Advertisement No.27/2008-09) in accordance with the Principal/Senior Surveyor/Technical Officer/Training-cum-Placement Officer/Trade Testing Officer in Gujarat Skill Training Service, Class II (Admn. Branch)/ (Sr.Duty) Recruitment Rules, 1984 (for short `1984 Rules'). As per the said advertisement, 31 posts are to be filled-in from Unreserved (General) category candidates, 5 posts are to be filled in from Scheduled Caste candidates, 11 posts are to be filled in from Scheduled Tribe candidates and 20 posts are to be filled in from SEBC category candidates. Out of the said 67 posts, 10 posts are reserved for Unreserved (General) Women category candidates, 2 for Scheduled Caste Women, 3 for Scheduled Tribe Women and 7 for SEBC Women category candidates, while one post is reserved for Physically Handicapped candidate.

(3.) LEARNED counsel Mr.Shalin Mehta has urged that, after issuance of the advertisement, new rules known as Principal Class-II/Senior Surveyor Class-II/Technical Officer Class-II/Training-cum-Placement Officer/Trade Testing Officer/Senior Training Officer Recruitment Rules, 2009 ( for short `Rules 2009') came into force with effect from 16.12.2009. Placing reliance of the rules, the learned counsel has urged that, Diploma in Computer Engineering and Degree in Computer Engineering has been included in the new rules, and at that time the earlier Rules 1984 was framed, the Diploma in Computer Engineering or Degree in Computer Engineering was not included and, therefore, the appellants were qualified to appear in the examination and the Rules 2009 would be applicable. He further urged that the words or its equivalent qualifications in the 1984 Rules would include a Diploma in Computer Engineering and it does not specify that it should be equivalent to the branches of the rules.