NILESH BIPINCHANDRA VYAS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) WE have heard Mr. S.P. Majmudar, learned counsel assited by Mr. B.T. Vyas for the appellant and Mr. Neeraj Ashar, learned Assistant Government Pleader appearing for respondent No.1.

(2.) THIS Letters Patent Appeal has been filed challenging the order dated 3.9.2012 passed by the learned Single Judge in Special Civil Application No.11129 of 2012 by which interim relief has not been granted to the appellant ­ original petitioner. The learned Single Judge has refused to grant interim relief by placing reliance on the decision of the Apex Court in Jamaluddin v. State of Jammu & Kashmir and others, AIR 2012 SC 291 wherein the Apex Court has held that if the Rules do not provide for age relaxation, then age relaxation cannot be read into the Rules by the judicial interpretation.

(3.) LEARNED counsel Mr. Majmudar has also urged that the date of examination is 30.9.2012 and the appellant can apply for appearing in the examination till 29.9.2012. In our opinion, this argument is misconceived as the candidate is required to apply within the time frame fixed for making an application.