Supreme Court Upholds G.D.C. & A. Exam for Promotion

The Supreme Court held that the orders mandating the G.D.C. & A. examination for promotion were valid, based on the applicability of the Bombay Reorganisation Act, 1960, and the circular of the Central Government. The Court determined that the State of Gujarat had the authority to introduce such requirements for promotion, overturning the High Court's decision. The appeal was allowed, setting aside the High Court judgment, with no recovery from the respondents and no costs awarded.

---

---

Issues:
Validity of orders requiring G.D.C. & A. examination for promotion and increments.

Analysis:
The case involved officers of the Co-operation Department of the Government of Gujarat challenging certain orders of the Government. The main contention was the requirement of passing the G.D.C. & A. examination for earning increments and promotion, which the petitioners argued contravened relevant Acts. The High Court of Gujarat had to determine the validity of these orders.

The petitioners alleged that the orders of May 10, 1962, and June 18, 1965, mandating the G.D.C. & A. examination for promotion were invalid. The State of Gujarat had removed certain grievances related to increments and recovery, leaving the focus on the qualification requirement for promotion. The High Court considered the rules applicable before the "appointed day" and the circular of the Central Government dated May 11, 1957, in its analysis.

The Supreme Court analyzed the applicability of Section 81(6) of the Bombay Reorganisation Act, 1960, and the conditions of service applicable to the parties before the formation of the State of Gujarat. The Court emphasized the power of the reorganised State of Bombay to make rules for promotion, including introducing the G.D.C. & A. examination requirement. The circular of May 11, 1957, was deemed to have the force of law in the State of Bombay, including the territories of Maharashtra and Gujarat.

Referring to Section 87 of the Bombay Reorganisation Act, 1960, the Court held that the circular of the Central Government was an order with the force of law, allowing the Gujarat Government to enact the rules in question. Consequently, the Court deemed the 1962 order requiring the G.D.C. & A. examination for promotion as valid, leading to the appeal being allowed and the High Court judgment set aside. Notably, no recovery was to be made from the respondents, and no costs were awarded in this case.

---