amended resolution of state of Gujarat for dmc post wherein it has revised the qualification of the post with retrospective effect quashing mandatory law degree.
The point to be raised are
1/
Once approved rules under Bpmc act under section 455 of the act again cant be framed by state sue moto0 unless corporation is directed to do so by it & corporation fails to do so under section 456
2/ state had already approved it previously under section 455 of the act exercising it's powers.
3/ state cant amend it with retrospective effect once approved without the corporation general board resolution with prior publication of the same . Which has not been followed before amending.
4/ state has CONSIDERED & READ THE REPRESENTATION MADE BY MUNICIPAL COMMISSIONER & Dmc’s representation in letter form to undue protect favor & uplift particular person in question illegally & arbitrary. Thus case of nepotism, favoritism & Manipulation & corruptive practice up to the extent.
5/ Only general Board is empowered to amend under section 457 subject to 454 & 455 which has not been scrupulously followed in this case. Thus gross violation of the statutory provision.
5/ It is a fit case on the part of than commissioner & state to resort to unfair, illegal capricious practices with ulterior motive to favor particular person respondent No. 4 of the petition
6/Even otherwise it proves that since matter is in Court with selfish & ulterior motive smc commissioner & state deliberately not filled up the post duly advertised until it has recently amended rules illegally.
7/ It is also tantamount to contempt of court to amend in this manner while the matter is subjudice..
8/ Even otherwise respondents are liable to be reverted as on the date of so called promotions by state on 8th June than recruitment rules were in operation.
9/ Even if referred the affidavit in reply filed by respondent No 2 & 3 in present petition 13901/2011 on Dt 4th October 2011 if read para 6,9,12 & 15 of the affidavit respondents themselves have committed to have revised recruitment rules of mandatory law degree being adopted in the corporation of surat duly approved by state, though letters were dropped by commissioner & not corporation to amend the qualification which is ultra virus of the act, & applications invited are also filed by the corporation in view of the revised rules having mandatory law degree, They have also committed that they are going to give fresh advertisement in this regard though it has not given nor processed to fill up the posts in question itself crystal clear that with ulterior motive entire exercise is being made. Thus proves that it is day light murder of constitutional 74th amendment, also it indicates disguise AUTOCRACY/dictatorship in democracy.
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