PATANJALI J MISHRA Vs. GPSC

JUDGEMENT

(1.) These matters were admitted in May, 2000. Subsequently, notice was issued to the State Government, making it returnable on 28th July, 2003. Till today, the State has not cared to enter appearance. It is presumed that the State is not interested in the present proceedings. The matters are proceeded with after hearing Dr.Sinha for the petitioners and Mr.Shah, who is appearing for Mr.D.N. Patel, learned Advocate for the GPSC. With the consent of the parties, the matter is taken up for final hearing today.

(2.) The petitioners, who are possessing the qualification of B.E. (Civil) are in the service of the respondent-State as Assistant Engineers. The petitioners have approached this Court by filing the present petitions for the issuance of a writ of mandamus for quashing and setting aside the impugned communication of the GPSC dated 15.12.1999 and further, for directing the GPSC to consider the candidature of the petitioners for recruitment to the post of Deputy Executive Engineer and Executive Engineer, respectively.

(3.) The respondent issued advertisement dated 15.6.1996, inviting applications for appointment to the post of Deputy Executive Engineer and Executive Engineer. Pursuant to the aforesaid advertisement, the petitioners applied. However, vide communication dated 15.12.1999, at Annexure 'A' to the petitions, the respondent rejected the candidature of the petitioners for recruitment to the post of Deputy Executive Engineer / Executive Engineer on the ground that age relaxation as per Rule 8(5) of the Gujarat Civil Services Classification and Recruitment (General) Rules, 1967 is not available to the petitioners as they are over aged. Since the petitioners were not allowed to sit in the examination and the written examination was scheduled on 13th May, 2000, they have approached this court by way of these petitions for quashing and setting aside the order dated 15.12.1999 at Annexure 'A' to the petitions and to direct the respondent to consider the candidature of the petitioners for recruitment to the aforesaid posts.