DALSUKHBHAI HARKHABHAI ROHIT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr. Ramnandan Singh, learned advocate for the petitioners, and Mr. Goutam, learned AGP for the respondent - State.

(2.) The petitioners are aggrieved by resolution dated 16.5.1995 and corrigendum dated 26.6.2001 issued by the respondent No.1 - State. The petitioners are aggrieved by said resolution and corrigendum to the extent that the said resolution and corrigendum prescribe 26.9.1999 as the cut-off date for exemption from prescribed requirement with regard to qualification.

(3.) So far as factual background is concerned, it has emerged from the record that in September/October 1982, the respondent No.2 had invited applications from eligible candidates for the post of Assistant Lecturer. 3. 1 The petitioners submitted their respective applications for the said post. The advertisement prescribed the qualification for the post viz. 2nd Class Diploma in respective discipline of Engineering. 3. 2 The petitioners were called for selection process and considering their qualification and experience, the petitioners came to be selected and were appointed in respondent No.2 college as Assistant Lecturer in October/November 1982. 3. 3 Subsequently, somewhere in October 1990, the petitioners were upgraded to the post of Lecturer. 3. 4 The respondents also granted revised pay scale attached to the post of Lecturer and the benefits as per the recommendations of Pay Commission to the petitioners w.e.f. January 1986. 3. 5 In January 1992, the recruitment rules for the post of Lecturer came to be amended. By virtue of the amendment educational qualification (prescribed for the post of lecturer) was also amended and requirement of 1st Class Bachelor's Degree (in respective Engineering discipline) was introduced. 3. 6 The respondent - and even the petitioners - have claimed that the said modification in respect of educational qualifications came to be introduced and implemented in light of the recommendations of All India Council of Technical Education. 3. 7 According to the petitioners, the respondent No.1 issued another resolution on 16.5.1995. Under the said resolution dated 16.5.1995, the respondent No.1 introduced 20.9.1989 as the cutoff date for the purpose of implementation of amended recruitment rules. 3. 8 According to the petitioners, the said resolution dated 16.5.1995 provided that those lecturers who were appointed upto 20.9.1989 would be eligible for senior scale. Meaning thereby, such persons were exempted from revised qualification. 3. 9 The petitioners have claimed that when they completed 8 years of service on the post of Lecturer, they acquired eligibility for senior scale of pay, but the said benefit was granted to the petitioners. 3. 10 According to the petitioners, the said benefit is granted to the petitioners on the ground that they do possess the revised qualification which have been introduced w.e.f. 20.9.1989. 3. 11 The petitioners have also claimed that the amended requirement was enforced against them and the benefit of senior pay scale was denied on the ground that the petitioners did possess 1st Class Degree in their respective Engineering discipline. 3. 12 In this view of the matter, the petitioners are aggrieved by the cut-off date which came to be introduced vide resolution dated 16.5.1995 and corrigendum dated 26.6.2001. 3. 13 The petitioners have also claimed that the respondents had granted exemption - from the amended requirement - viz. 1st Class Bachelor's degree in respective engineering discipline - in respect of the persons who wee appointed/promoted or upgraded as Lecturer before 1.1.1996, however, the respondents subsequently withdrew the exemption. The petitioners are aggrieved by the withdrawal of said exemption. 3. 14 The petitioners have mentioned chronology of the resolutions issued from time to time viz. G.Rs. Dated 16.5.1995 and 20.6.2001 and 26.6.2001 The petitioners have narrated said details and alleged that:-