V V BHRAMKSHTRIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This group of petitions though it involves conflict of interest between direct recruits and promotees does not raise the usual controversy of inter se seniority between them. The main dispute here centres around the Rule fixing the quota of direct recruits and promotees and the contention of the rival groups is that this Rule has been violated. The stand of the State Government however. is that it has adhered to the quota rule and no appointments have been made in breach thereof.

(2.) In order to appreciate the rival contentions it is necessary to refer to the facts and the background in which. The question regarding fulfilment of quota Rule has arisen before me. The Rules called Executive Engineers (XEN for short) (Civil) Gujarat Service of Engineers Class-I Recruitment Rules 1979 (GSE Class-I Rules for short) and Deputy Engineers (DEN for short) (Civil) Gujarat Service of Engineers Class-II Recruitment Rules 1979 (GSE Class-II Rules for short) were made by the Governor of Gujarat in exercise of powers conferred upon him by proviso to Art. 309 of the Constitution of India. Rule 2 of GSE Class-I Rules lays down how appointment to. The posts of XENs (Civil) in GSE Class-I is to be made and it reads as under:

(3.) GSE Class-I and GSE Class-II Rules lay down the procedure for appointment by direct selection. Rules lay down that for appointment by direct selection a competitive examination shall be held by the Gujarat Public Service Commission (Commission for short) in accordance with the Rules mentioned in the Annexure appended to the Rules. It is provided that the examination shall he common for both the services viz. GSE Class-I and GSE Class-II the result thereof shall be arranged in order of merit of the candidates and the appointments to GSE Class-I or Class-II shall be made seriatum from the list of result prepard for the two cadres by the Commission subject to the fulfilment of requirements of physical fitness and other provisions of the Rules. The Rules further provide that the qualified candidates securing the highest places in order of merit shall be offered apppintments in the GSE Class-I according to the number of vacancies declared for such recruitment to that cadre. The candidates securing the next higher places in order of merit in the list shall be offered appointments to the GSE Class-II provided they have indicated their willingness to be so appointed in their application to the Commission for admission to the examination.