NATVARBHAI J RATHOD Vs. MODASA MUNICIPALITY

JUDGEMENT

(1.) Petitioner-Natvarbhai J. Rathod belongs to Scheduled Caste. He was serving as Octroi Clerk with the respondent-Modasa Nagarpalika since about 15 years with clean and unblemished record. He has filed this petition and challenged the impugned decision of the respondent No. 2-Selection Committee of respondent-Modasa Nagarpalika of not selecting the petitioner for the post of Octroi Inspector and the resolution passed by the Modasa Nagarpalika to appoint respondent No. 3 on the post of Octroi Inspector by promotion.

(2.) Respondent-Municipality passed resolution No. 14 dated 29-4-1989 and requested the Director of Municipalities to fill in some vacant posts in the Municipality. One of the posts was of Octroi Inspector. Director of Municipalities granted promotion to fill up those posts in January, 1999 with a direction to the Municipality to fill up the post from the candidates of Scheduled Caste, Scheduled Tribe, Socially and Economically Backward Castes and retired Armed personnel. Thereupon, the petitioner submitted application to the respondent- Nagarpalika to appoint him on the post of Octroi Inspector since he was the only candidate fulfilling all the requisite qualifications and experience from Scheduled Caste. Instead of it, the respondent-Nagarpalika issued public advertisement dated 10-12-1990 in the newspaper dated 13-12-1990 inviting applications to fill up 7 posts in the respondent-Nagarpalika, including the post of Octroi Inspector (Annexure-A).

(3.) In response to the said advertisement, the petitioner also applied. However, the respondent No. 2 selected respondent No. 3, out of 24 candidates remained present for interview in response to the advertisement, and accordingly, respondent-Nagarpalika passed resolution dated 22-2-1991 appointing respondent No. 3 on promotion to the post of Octroi Inspector of Nagarpalika. Hence, this petition.