SCA/17456/2006 1/2 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 17456 of 2006 For Approval and Signature: HONOURABLE MR.JUSTICE BHAGWATI PRASAD ====================================== 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ====================================== RAMILABEN R. SOLANKI Versus THE STATE OF GUJARAT & OTHERS ====================================== Appearance : MS SADHANA SAGAR for the Petitioner Mr Hemant Makwana, Assistant Government Pleader for Respondent No.1 NOTICE SERVED for Respondent(s) : 2, ====================================== CORAM : HONOURABLE MR.JUSTICE BHAGWATI PRASAD Date : 17/03/2008 ORAL JUDGMENT SCA/17456/2006 2/2 JUDGMENT Heard learned counsel for the parties. The petitioner, a lady, became widow on 28th October 2001. She applied on 30th November 2001. Her application has been rejected on the ground that she is not SSC pass which is the minimum qualification. This is not denied that the requirement of SSC qualification has been made effective from 16th March 2005. Therefore, this G.R. May not be used for her detriment. She was since only 3rd standard, she will be offered an appointment according to her qualification. Learned counsel for the Government submits that on 7th September 2002 the Government has resolved that the qualifications as on the date of appointment would be considered relevant. But, this date is also not relevant as far as the case of the petitioner is concerned, because she has acquired the right in the year 2001 itself and therefore the Resolution dated 7.9.2002 cannot be read to her detriment. In that view of the matter, the matter of the petitioner is remanded to the State Government for fresh consideration to be considered to be appointed on compassionate ground. Rule is made absolute to the aforesaid extent. Direct Service is permitted. (Bhagwati Prasad, J.) *mohd