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SCA/14169/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 14169 of 2010
=========================================================
HIRENKUMAR
V RUPALA & 5 - Petitioner(s)
Versus
GUJARAT
PUBLIC SERVICE COMMISSION & 1 - Respondent(s)
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Appearance
:
MR
PARESH UPADHYAY for
Petitioner(s) : 1 - 6.
None for Respondent(s) : 1,
GOVERNMENT
PLEADER for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 26/10/2010
ORAL
ORDER
Heard learned Advocate
Mr.Paresh Upadhyay for the petitioners.
2. Learned Advocate for
the petitioners invited attention of the Court to the fact that
earlier, five of the present petitioners had approached this Court by
filing Special Civil Application No.10124 of 2010, which was
considered by this Court and was dismissed by order dated 09.09.2010,
a copy of which is produced at Annexure-I, page No.65 onwards.
2.1 Learned Advocate
for the petitioners invited attention of the Court to the fact that
advertisement issued in February 2010, a copy of which is produced at
Annexure-A, page No.13, is issued for the recruitment of Lecturers in
Government Polytechnics and also in Government Engineering Colleges.
Learned Advocate for the petitioners submitted that Sr. No.166 of
that advertisement pertains to Biomedical Engineering and it is
pertaining to Lecturers in Government Polytechnics. He submitted
that the advertisement prescribes that, ‘the Lecturers for Government
Polytechnics also should possess post-graduate qualification’ as set
out in the advertisement by common prescription for advertisement
Nos.154 to 198.
2.2 Learned Advocate
for the petitioners invited attention of the Court to the guidelines
issued by All India Council for Technical Education (hereinafter
referred to as, AICTE ) by notification dated 05.03.2010,
wherein AICTE has recommended the minimum qualifications and
experience for appointment of teaching posts in Diploma level
technical institutions. The said notification prescribes that so
far as Lecturers /Workshop Superintendents are concerned, in
Engineering /Technology subjects, qualification recommended is
Bachelor’s degree in Engineering /Technology in the relevant branch
with first class or equivalent. It is further provided that, if
the candidate has a Master’s degree in Engineering /Technology, first
class or equivalent is required at Bachelors or Masters level .
(emphasis supplied)
2.3 Learned Advocate
for the petitioners submitted that thus it is clear that the
advertisement issued by GPSC is not in consonance with the
qualifications laid down by AICTE.
3. NOTICE
returnable on 18.11.2010.
Direct service
is permitted.
(Ravi R.Tripathi, J.)
*Shitole
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