Brijesh Vipin Chandra Shah vs State Of Gujarat & Ors

The Supreme Court held that the mandatory qualifications for recruitment to Class III posts under the Gujarat Non-Secretariat Clerks, Clerks-cum-Typist (Direct Recruitment Procedure) Rules, 1990 cannot be relaxed. However, considering the compassionate grounds of the appellant's initial appointment and his long service, the Court directed the respondents to appoint the appellant to a Class IV post, effective from the date of his initial appointment to Class III. The Court emphasized that depriving the appellant of service altogether due to examination failure was unnecessarily harsh.