GUJARAT HOUSING BOARD ENGINEERS ASSN. vs STATE OF GUJARAT

The Supreme Court held that the Gujarat Housing Board Services Classification of and Recruitment Regulations, 1981 mandates that the post of Assistant Housing Commissioner (Technical) must be filled by promotion from eligible Executive Engineers of the Housing Board unless no suitable candidates are available. The Court found that the State Government's direction to appoint an officer on deputation was erroneous as it did not consider the suitability of eligible candidates for promotion, violating Section 82 of the Gujarat Housing Board Act, 1961. Consequently, the Court allowed the appeal and set aside the High Court's decision.