M L VANKAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners have approached this Court with a prayer that Rule 3(b)(ii) of the Surveyor (Town Planning and Valuation Department) Recruitment Rules, 1975 (hereinafter referred to as 'the Surveyor's Rules') and Rule 3(b)(iii) of the Planning Assistant (Town Planning and Valuation Department) Recruitment Rules, 1975 (hereinafter referred to as 'the Planning Assistant's Rules') be struck down and selection for the post of surveyors made on 15-12-1981 and 3- 3-1982, in pursuance of the Surveyor's Rules referred to hereinabove, be quashed and set aside. For the sake of convenience, the above-referred Rules have been reproduced below : Rule 3(b)(ii) of the Surveyors Rules :

(2.) Learned Advocate Mrs. K. A. Mehta appearing for the petitioners has submitted the facts which are as under :

(3.) Respondent No. 1 Government wanted to fill up certain posts in the cadre of Surveyors and therefore, without issuance of any public advertisement or without inviting any applications from any source, respondent No. 2 appointed respondent Nos. 3 to 8 as Surveyors in Town Planning Department which is under Panchayat Housing and Urban Development Department of the State of Gujarat. It has been submitted by Mrs. Mehta that Rule 3(b)(ii) of the Surveyors Rules provides for qualifications for the post and the qualifications prescribed therein have nothing to do with the nature of work to be done by the surveyors and therefore, the said Rule should be struck down.