PATEL NITESH M. Vs. STATE OF GUJARAT

JUDGEMENT

(1.) AS common question of law and facts arise in this group of Appeals and they arise out of the common judgment and order passed by the learned single Judge in respective Special Civil Applications, all these Letters Patent Appeals are decided and disposed of by this common judgment and order.

(2.) THAT the respondent Authority published the advertisement dated 28.04.2005 inviting the applications for the post of PSI (Unarmed) and in the said advertisement the upper age limit was fixed at 28 years. It appears that at the relevant time none of the appellants ­ original petitioners either challenged the upper age limit of 28 years or made any grievance with respect to fixing 28 years as upper age limit. It appears that the State Government by Notification dated 29.09.2005 amended the Gujarat Civil Services Classification and Recruitment (General) Rules, 1967 (hereinafter referred to as "Rules") by inserting Rule 16E by which the upper age limit prescribed for appointment through competitive examination held for the purpose or by direct selection, to such service or post shall be relaxed for 5 years as far as it relates to the advertisement given by the Gujarat Public Service Commission and all other recruiting authorities or agencies during the period from 17.08.2005 to 16.08.2006. At this stage it is required to be noted that in the meantime the petitioners challenged the action of the respondents by way of filing Special Civil Application No.10598 of 2005 as a Public Interest Litigation, however, in view of the Notification dated 29.09.2005, the petitioners withdrew the said Special Civil Application with a liberty to make representation and the Division Bench disposed of the said Special Civil Application as withdrawn with above liberty. It appears that thereafter the respective petitioners made representation to the State Government to relax the upper age limit for a further period of 5 years and by communication dated 16.11.2005, the said representation has been turned down by observing that the advertisement inviting applications for the post of PSI (Unarmed) has been issued much prior to the Notification dated 29.09.2005 i.e. prescribed period mentioned in the notification, the request of the petitioners to relax the upper age for a further period of 5 years has been rejected.

(3.) IN view of the above and for the reasons stated above, all the present Letters Patent Appeals fail and the same deserve to be dismissed and are, accordingly, dismissed.