Crusade for appointment of right person on right job in public authority Notice issued by H/ High Court

SCA/13901/2011 2/2 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

SPECIAL CIVIL APPLICATION No. 13901 of 2011


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ROHITKUMAR ROOPSINH CHAUDHARY & 1 - Petitioner(s)
Versus
STATE OF GUJARAT & 4 - Respondent(s)
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Appearance :
MR DIPAK R DAVE for Petitioner(s) : 1 - 2.MRDIPAKDJOSHI for Petitioner(s) : 1 - 2.
MS. JIRGA JHAVERI, AGP for Respondent(s) : 1,
None for Respondent(s) : 2 - 5.
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CORAM : HONOURABLE MR.JUSTICE ANANT S. DAVE

Date : 16/09/2011


ORAL ORDER

Heard learned advocate Mr.D.R. Dave for the petitioners.

It is submitted that by the resolution dated 4th January 2010, Department of Urban Development, State of Gujarat has approved qualifications for appointment of Deputy Municipal Commissioner as required under Section 45(2), 51(4) and Section 455(1) of Bombay Provincial Municipal Corporation Act 1949. As per the above approval, respondent no.4 does not possess the requisite qualification of law graduate. Besides, upgradation of the post by the State Government and consequential effect given by the Municipal Commissioner, Surat, without appropriate resolution of the Corporation is illegal.

In view of the above, notice returnable on 28th September 2011. Direct service is permitted.


(ANANT S. DAVE, J.)