GUJARAT HOUSING BOARD ENGINEERS ASSOCIATION AND ANR. versus STATE OF GUJARAT AND ORS.

Citation: [1993] SUPP. 3 S.C.R. 638 · Decided: 05-11-1993 · Supreme Court of India · Bench: J.S. VERMA · Disposal: Appeal(s) allowed

Judgment (excerpt)

A 
B 
c 
GUJARAT HOUSI:!'lG BOARD ENGINEERS 
ASSOCIATION AND ANR. 
v. 
STATE OF GUJARAT AND ORS. 
NOVEMBER 5, 1993 
[J.S. VERMA, N.P. SINGH AND S.P. BHARUCHA, JJ.] 
Service Law: Gujarat Housing Board Act, 196l~Gujarat Housing Board 
Services Clas_sifications of and Recruitment Regulations, 1981: 
Sections 74(c), 82/Regulation 3-Appointment to the post of Assistant 
Housing Commissioner (Technical) on deputation-Directions issued by 
State Government-Whether deputation could be resorted to without first 
considering eligible, suitable Executive Engineers of Housing Board-State 
Government's power to give directions not to extend to a matter contrary to 
D the Regulations. 
The first appellant, an Association of the Engineers of the Gujarat 
Housing Board and the third appellant, the employees of the Housing 
Board preferred a writ petition in the High Court challenging the direction 
E given to the ·Housing Board by the State Government to appoint to the post 
of Assistant Housing Commissioner (Technical) an officer on deputation 
from the Building and Communication Department of the State Govern-
ment. The High Court found that the decision was not unjust and arbitrary 
or based on irrelevant or extreneous considerations and dismissed the writ 
petitions. 
F 
In this appeal before this Court, the appellants contended that no 
appointment on deputation could be made to the said post unless and until 
it was found that no suitable eligibile candidate was available for appoint-
ment to the said post by promotion from among the eligible Executive 
G Engineers of the Housing Board. 
On behalf of the respondents, it was contended that sub-clause (b) 
of clause (1) of Regulation 3 of the Gujarat Housing Board Services 
Classifications of and the Recruitment Regulations 1981 was resorted to 
in this case, and that it was not necessary that the appoinment should be 
H so made only if no suitable eligible candidate was avilable for appointment 
638 
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GUJARAT HOUSING BOARD v. STATE 
639 
by promotion from among Executive Engineers of the Housing Board. 
A 
Allowing the appeal, this Court, 
HELD : l. Clause (3) of Regulation 3 of the Gujarat Housing Board 
Services Classification of and Recuritment Regulations, 1981 does not set B 
out an additional, fourth mode of filling in the post of Assistant Housing 
Commissioner(Technical) but is only a provision which sets out how and 
when an Executive Engineer from the State Government's Building and 
Communication Department can be appointed to the said post on deputa· 
tion. It provides that such an appointment can be made to the said post c 
on deputation only if a suitable eligible candidate is not available for 
appointment by promotion from among the Executive Engineers of the 
Housing Board. Regulation 3 must, therefore, be read as providing that 
the said post must be filled by promotion of eligible Executive Engineers. 
of the Housing Board on the basis of seniority-cum-merit. It is only if no 
suitable candidate is available for promotion to the said post from among D 
the eligible Execut~ve Engineers of the Housing Board that the appoint· 
·j 
ment by be made on deputation from among the Executive Engineers of 
the State Government~s Building and Communication DepartmenL F_ailing 
this, the appointment can be made by direct selection from among can· 
didates called for interview. [643·E·H; 644-A] 
E 
2. Regulation 3 can be read in no other manner. To construe it 
otherwise would mean that it provides no guidelines. (643-F] 
3. Admittedly, the suitability of eligible Executive Engineers of the F 
Housing Board for appointment to the said post by promotion was not 
considered before resort was directed to be had to the provisions of sub· 
clause (b) of clause (1) of Regulation 3 for filling the said post by deputation 
of an officer of the State Government's Building and Communication 
Department. Therefore, the State Government was patently in error in 
directing the Housing Board to fill the said post by deputation.· (644·B·CJ 
G 
4. It is also not open to the State Government to give such directions 
to the Housing Board under Section 82 of the Gujarat Housing Board Act, 
1961 which are contrary to the Regulations made under the said Act with 
its previous sanction. (644-E] 
H 
640 
SUPREME COURT REPORTS (1993) SUPP. 3 S.C.R. 
A 
CIVIL APPELLATE JURiSDICTION : Civil Appeal No. 6059 of 
1993. 
From the Judgment and Order dated _17.11.92 of the Gujarat High 
Court in S.C.A

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