Siddharth Yogeshkumar Dave vs State Of Gujarat & 3 on 11 March, 2014

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Gujarat High Court

Siddharth Yogeshkumar Dave vs State Of Gujarat & 3 on 11 March, 2014

Bench: Abhilasha Kumari

        C/SCA/11933/2013                            ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           SPECIAL CIVIL APPLICATION NO. 11933 of 2013
================================================================
           SIDDHARTH YOGESHKUMAR DAVE....Petitioner(s)
                            Versus
              STATE OF GUJARAT & 3....Respondent(s)
================================================================
Appearance:
MR HARSHIL C DATTANI FOR MR SP MAJMUDAR, ADVOCATE for the
Petitioner(s) No. 1
MR HARDIK SONI,ASST.GOVERNMENT PLEADER for Respondent No.1 - 4
================================================================
        CORAM: HONOURABLE SMT. JUSTICE ABHILASHA
               KUMARI

                           Date : 11/03/2014
                            ORAL ORDER

Heard Mr.Harshil C. Dattani, learned advocate for Mr.S.P.Majmudar, learned advocate for the petitioner and Mr.Hardik Soni, learned Assistant Government Pleader for the respondents.

Learned Assistant Government Pleader may produce the relevant record to substantiate the averments made in paragraph8 of the affidavitinreply filed on behalf of respondent No.2, wherein it is stated that "at the time of publication of the advertisement, that is, on 18.06.2012, he could not have been given the benefit of age relaxation, as per the Government Resolution dated 29.09.2012, as he was not fulfilling Page 1 of 2 C/SCA/11933/2013 ORDER the criteria of age as on the date of advertisement."

This exercise would be necessary, in order to ascertain the factual position regarding the age of the petitioner, in view of the averments made by the petitioner in paragraph5 of the petition to the effect that "the petitioner had completed age of 28 years at the time of making application, though the application form of the petitioner was accepted online." It is submitted by the learned Assistant Government Pleader that the date of birth of the petitioner is 23.08.1993 and as per the said date, the petitioner attained the age of 28 years on 23.08.2011. The advertisement is dated 18.06.2012, therefore, the petitioner was overage at the time of making the application.

List on 26.03.2014.

(SMT. ABHILASHA KUMARI, J.) Gaurav+ Page 2 of 2

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