KABBUR SHIVANAND NAGAPPA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) . By means of this petition under Art. 226 of the Constitution of India, the petitioner has challenged the legality and validity of the decision made by respondent No. 2 herein by means of its communication of 20/06/1983 holding the petitioner to be age-birred for the purpose of appointment to the post of Executive Engineer (Civil) Class-1 or of Deputy Executive Engineer (Civil) Class-11 in the Gujarat Service of Engineers.

(2.) . The facts giving rise to this petition are not in dispute. The petitioner joined Government service as a Supervisor on 1/12/1970. At the time of institution of this petition he was working as such in the Public Health Department of the State of Gujarat. Respondent No. 2 herein issued one advertisement for making direct recruitment to certain posts in the Gajarat Service of Engineers Class-1 and Class-11. The petitioner applied for both the posts some time in December 1981. The compstitive examination for recruitment to these posts was held by respondent No. 2 some time in February 1982. The petitioner appears to have passed the examination. Thereupon respondent No. 2, by its letter of 5/02/1983 asked him to appear for viva voce and personality test on 2 5/02/1983. Its copy is at Annexure 'B' to this petition. He was interviewed accordingly on 25/02/1983. As directed in the communication asking him to appear for viva voce and personality test, he produced one certificate of his first appointment in Government service. Thereafter he received one communication of 20/06/1983 from respondent No. 2 under the signature of its Deputy Secretary to the effect that respondent No. 2, in consultation with respondent No. 1, came to the conclusion that the Government servants employed on the posts of Supervisors were not entitled to relaxation of the age-limit prescribed for Class-1 and/or Class-11 posts and that he was not entitled to the relaxation in the upper age limit under the rules. A copy of the said communication is at Annexure 'C' to this petition. In short, he was informed that his appointment to the posts of Class-1 and/or Class-11 cannot be considered as he was age-barred. He has thereupon invoked the extraordinary jurisdiction of this Court under Art. 226 of the Constitution of India for redressal of his grievances against the decision of respondent No. 2 treating him as age-barred for the purpose of appointment to Class-1 and/or Class-11 posts in the Gujarat Service of Engineers.

(3.) . In order to appreciate the rival contentions urged before me, it would be quite proper to look at the relevant provisions contained in the rules governing recruitment to these posts. Recruitment to the post of Deputy Engineer (Civil) in the Gujarat Service of Engineers Class-11 was at the relevant time governed by the Deputy Engineers (Civil) Gujarat Service of Engineers Class- 11 Recruitment Rules, 1979 (the 'Deputy Engineers' Service Rules' for brief). The relevant rule for the present purpose is Rule 6 thereof. As it originally stood it reads as under :