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Want to challenge Gujrat government notification. How to proceed?
02-Sep-2023 (In Labour & Service Law)
Gujrat government has passed a notification for a job opening of a Food Inspector but are asking for a experience of 8 years. But as per the Food securities act, there is no such requirement to be a food inspector. I want to challenge the notification. Can i challenge it?
If the Gujarat Govt. has passed a notification which you think is arbitrary or unfair then you can challenge it by way of a Writ Petition before the Gujarat High Court. But before you do that you must know that as per the Food Securities Act, the State Govt has powers to make rules with respect to the service conditions of the staff of the District Grievance Redressal Officer and also the staff of the State Food Commission. It is therefore a matter of policy and is in the exclusive domain of the Government. You can however get some relief from the Court if you are able to satisfy the court that the condition of 8 years experience is unfair or arbitrary by showing pari materia legislations where such experience is lower or done away with.
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Adv. Shweta Sharma
Delhi | 5+ Answers
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Yes you can challenge it by filing a writ petition under Article 226 of the Constitution of India in the Gujarat High Court. You will have to plead that the requirement of 8 yes experience is violating your fundamental right to earn your livelihood in a legal manner, Also that such a requirement is unconstitutional,without application of mind,ultra vires etc
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Adv. Rekha Aggarwal
Delhi | 5+ Answers
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notifications by government can be challenged by filing a writ in high court or supreme court of India. but such matters are policy matters in which the courts has no interference except when the policy wholly unreasonable or unconstitutional in nature in such circumstances court can declare such policy as unconstitutional.
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Adv. Yogesh Kumar Vidyakar
Delhi | 5+ Answers
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