MAUSHAMI AMULKUMAR GANGULY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The challenge in the present petition is to the provisions contained in the Rule 2(i) of the Gujarat Panchayat Services (Class-III), Departmental Examination (Second Amendment) Rules, 2023 (in short as 'the Rules' 2023'), whereby a proviso has been inserted in sub-rule (1) of Rule 3 of the Gujarat Panchayat Services (Class-III), Departmental Examination Rules, 2022 (in short as 'the Departmental Examination Rules' 2022) as under:-

(2.) The original Rules 3(1) and 4 of the Departmental Examination Rules' 2022 is relevant to be extracted hereinunder:-

(3.) The grievance raised by the petitioners is about the exemption granted to the persons eligible in all respects as on 1/9/2022 from passing the departmental examination, for being promoted to the post of Female Health Supervisor Class-III, from Female Health Workers Class-III. While challenging the validity of the amended Rules inserting the exemption clause, the challenge has also been raised to the promotion of five incumbents (respondents No.3 to 7 herein) to the post of Female Health Supervisor (Class-III) vide order dtd. 29/6/2024, by giving benefit of the aforesaid exemption clause.