Gujarat High Court
Sunilkumar vs State on 19 December, 2011
Author: Anant S. Dave
Bench: Anant S. Dave
Gujarat High Court Case Information System
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SCA/18233/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 18233 of 2011
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SUNILKUMAR
P PATEL & 16 - Petitioner(s)
Versus
STATE
OF GUJARAT & 3 - Respondent(s)
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Appearance :
MR
VAIBHAV A VYAS for Petitioner(s) : 1 - 17.
MS JIRGA JHAVERI AGP
for Respondent(s) : 1,
None for Respondent(s) : 2 -
4.
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CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 19/12/2011
ORAL
ORDER
This petition under Article 226 of the Constitution of India is filed by the petitioners seeking writ of mandamus or any other appropriate writ, order or direction to the respondent authorities to consider their case for the appointment on the post of Lecturer, Gujarat Education Services, Class-II pursuant to advertisement No.120 to 147 dated 1.12.2011 by relaxing the age limit prescribed in the advertisement.
2. It is the case of the petitioners that earlier pursuant to the requisition sent by the Department of Education, State of Gujarat in the year 1998, the Gujarat Public Service Commission had issued advertisement and thereafter for about 13 years there was no advertisement for recruitment to the above post and though the petitioners are duly qualified to compete in the ensuing recruitment drive, due to lack of qualification qua upper age limit they are unable to compete in the examination.
3. Learned advocate for the petitioners while arguing the case would submit that the petitioners have acquired requisite educational qualifications and even there is no age limit for appearing in NET examination and it is open for the candidates to compete in the above examination at any age. Further, the State Government pursuant to the Gujarat Civil Service Classification and Recruitment (General) Rules, 1967 framed in exercise of powers conferred under proviso to Article 309 of the Constitution of India has power to relax rules, which include relaxation in the age limit and in the above circumstances the petitioners who have experience and knowledge and other requisite qualification as per the advertisement can be considered and the State Government and GPSC to consider their case by relaxing age limit.
4. It is not in dispute that the advertisement in question is issued in accordance with recruitment rules for the post and cadre of Gujarat Engineering Services Class-II and by way of economic drive or some policy decision if State Government has chosen not to advertise for the post in question for about 13 years, on that ground no writ of mandamus could be issued for relaxing the age limit of the petitioners. At the relevant point of time, it would have been open for the petitioners to approach or to take appropriate legal recourse seeking writ of mandamus or any other appropriate writ, order or direction against the authority to fill up the post of public employment if there was inordinate delay and a policy decision is taken by the State Government to reduce expenditure or not to recruit post in question pursuant to the opinion the the High Power Committee. No direction can be given as prayed for in absence of any legally accrued vested right.
This petition is summarily rejected. However, there shall be no order as to costs.
[Anant S. Dave, J.] *pvv Top