VAGHELA MANISH KUMAR RANCHHODBHAI Vs. KALOL MUNICIPALITY

JUDGEMENT

(1.) BY way of this petition, under Article 226 of the constitution of India, the petitioner has prayed for appropriate orders quashing and setting aside the order dated 05. 11. 1996 issued by respondent no. 1 i. e. President, Kalol Municipality in favour of respondent No. 3 appointing as a Food Inspector.

(2.) IT is to be noted that during the pendency of the present Special Civil application, while admitting the present Special Civil Application, this Court granted ad interim relief, directing that respondent No. 3 shall not be permitted to discharge duties as Food Inspector, pursuant to the order dated 5. 11. 1996. The said ad interim relief was subsequently confirmed.

(3.) IT appears from the record, and it is the contention on behalf of the petitioner that respondent No. 3 was not having requisite qualification for the post of Food Inspector and in spite of that he was appointed dehors the provisions of Prevention of Food Adulteration Act, 1954 as well as the Rules. It is submitted that respondent No. 3 was having qualification of B. A. only and as he was not holding the requisite qualification which is required for the post of Food Inspector, his appointment is bad in law and illegal, which is required to be quashed and set aside.