BHARATKUMAR BABUBHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) whether in the facts of the case, it was open for the employer to deviate from the eligibility prescribed in the Rules and addordingly in the advertisement, by treating the candidates possessing the qualification other than the prescribed, which was higher qualification, on the projected ground that the higher qualification held by the candidate could be presupposed taken as they having inclusively possessed the lower qualification, especially when the Rules do not so contemplate.

(2.) Preferred by the original petitioners, 10 in numbers, the present Letters Patent Appeals address challenge to judgment and order dtd. 20/3/2023 of learned Single Judge whereby the Special Civil Applications of the petitioners were dismissed. The appellants-petitioners wee denied the relief.

(3.) For recruiting Gram Sevaks, Class III, the advertisement came to be issued by the Panchayat in November 2016. Clause 3 of the advertisement mentioned the age criteria and the educational qualifications for the post.