SCA/8126/2007 1/2 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 8126 of 2007 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 ? ====================================== BHARATKUMAR K SOLANKI Versus STATE OF GUJARAT & OTHERS ====================================== Appearance : MR MB RANA for the Petitioner Mr Hemant Makwana, Assistant Government Pleader for Respondent No.1 RULE SERVED for Respondent(s) : 1 - 2. RULE NOT RECD BACK for Respondent(s) : 3, ====================================== CORAM : HONOURABLE MR.JUSTICE BHAGWATI PRASAD Date : 17/03/2008 SCA/8126/2007 2/2 JUDGMENT ORAL JUDGMENT The petitioner's mother expired on 8th October 2001, who was in Government service. The petitioner applied on 29.11.2001. In the year 2001 there was no stipulation by the State Government regarding qualification. It was for the first time on 7th September 2002 the Government has resolved that the qualifications as on the date of appointment would be considered relevant and subsequently it has been resolved in the year 2005 that the required qualification has been prescribed to be SSC. Looking to the dates, the Circulars of 2002 cannot be read against the petitioner. He applied within time. He approached the respondents within a reasonable time and therefore he was required to be favoured with an order of appointment. It has come out that he was 9th pass. It will be incumbent upon the petitioner that he will pursue his studies as an external candidate and would pass SSC examination at least in two attempts. Otherwise, he is liable to be retrenched. With the aforesaid observations, petition is allowed as indicated above. Rule is made absolute. (Bhagwati Prasad, J.) *mohd