STATE OF GUJARAT Vs. DAXABEIN PUNJABHAI VANKAR

JUDGEMENT

(1.) The Letters Patent Appeal filed under Clause 15 of the Letters Patent, 1865 is directed against the judgment and order dtd. 23/12/2019 passed by the learned Single Judge in the captioned writ petition, whereby the learned Single Judge has allowed the writ petition and directed the appellant - State to provide age relaxation of 4 years in the upper age limit of 33 years in accordance with Government Resolutions dtd. 22/4/1983 and 1/3/2000 to the respondent No.1 - original petitioner, who belongs to Scheduled Caste category,

(2.) Pursuant to the advertisement dtd. 4/7/2015 issued by the appellant - State authority for the purpose of inviting interested candidates for Anganwadi Centres as Aanganwadi Workers at Durgavada-4 (D-4), Durgavada-3 (D-3), the respondent No.1 submitted her application in the prescribed Form however, it is not stated by the respondent No.1 whether such application was accepted or not. It appears that the same could not have been accepted in view of the age limit mentioned in the advertisement dtd. 4/7/2015 specifying that the candidate must be within the age limit of 18 years and not above the age of 33 years as on the date of advertisement. As per the application filed by the respondent No.1, her age was 33 years, 8 months and 26 days, on the date of advertisement.

(3.) The respondent No.1 thereafter, assailed the advertisement dtd. 4/7/2015 to the extent of stipulating the age criteria from 18 to 33 years by filing the captioned writ petition. The prayer clauses incorporated in the writ petition reveal that the respondent No.1 has challenged the advertisement to the extent that it provides the age limit of 18 to 33 years and it is prayed that instead of the same, it should be 18 to 44 years as per the Government Resolutions dtd. 22/4/1983 and 1/3/2000. The learned Single Judge has ultimately, allowed the writ petition and directed the respondent - authorities to provide age relaxation in the upper age limit of 33 years in the case of the petitioner, who belongs to Scheduled Caste.