SHRIPAD GAWAS Vs. STATE OF GOA

JUDGEMENT

(1.) THIS Writ Petition has been placed before the Full Bench in view of the order of reference dated 30th September, 2010 passed by the Division Bench of this Court. The reference arises in the context of the Government of Goa, Directorate of Health Services, Group C, Non -Ministerial, Non -Gazetted Posts, Recruitment Rules, 1990 (for short, "the Recruitment Rules").

(2.) THE Rules are made in exercise of powers conferred by the proviso to Article 309 of the Constitution of India. The posts are mentioned in the Schedule to the Recruitment Rules. Rule 3 provides that the method of recruitment to the posts, age limit, qualifications and other matters connected therewith shall be as specified in Columns 5 to 13. Rule 5 confers power on the Government to relax any provisions of the Recruitment Rules with respect to any class or category of persons.

(3.) IN this writ petition and reference, we are only concerned with the post of Sanitary Inspector. Relevant columns of the Schedule to the Rules read as under: <FRM>JUDGEMENT_54_LAWS(BOM)10_2014.html</FRM>