LAWS(GJH)-2004-9-29

J C PARMAR Vs. GUJARAT PUBLIC SERVICE COMMISSION

Decided On September 16, 2004
J C PARMAR Appellant
V/S
GUJARAT PUBLIC SERVICE COMMISSION Respondents

JUDGEMENT

(1.) In this petition the petitioner has prayed for a direction to quash the decision of the Gujarat Public Service Commission of rejecting the candidature of the petitioner for the post of Assistant Engineer (Civil), communicated to the petitioner vide its order dated 1st August 1997 and to accept the candidature of the petitioner for the post of Assistant Engineer (Civil).

(2.) The facts in a nutshell as emerging from the record of the petition are as under:

(3.) Mr. Paresh Upadhyay, learned counsel for the petitioner has contended that the advertisement specifically states that those who are servants of Gujarat Government servants, are eligible for age relaxation as per Rule 8 of The Gujarat Civil Services Classification and Recruitment (General) Rules, 1967. Therefore the petitioner was wrongly denied the benefit of Rule 8(5) of the said Rules. He submitted that when the petitioner is eligible for age relaxation as per Rule 8(5-A)(1) of Gujarat Classification and Recruitment (General) Rules, 1967, there was no reason for the respondents to reject the candidature of the petitioner.