G A PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is a petition by two petitioners who were appointed as District Extension Educators with effect from 15-4-1969 under the Directorate of Health Services of the respondent-State and at the time of filing of this petition they were working as the Health Education Extension Officers in the Health and Family Welfare Training Centre at Ahmedabad. There was then issued the Advertisement Annexure-8 dated 24-2-1983 inviting applications on or before 31-3-1983 for seven posts in Class-II cadre. The petitioners applied for those posts through their proper channel I assume. As many candidates were there for seven posts the Gujarat Public Service Commission which recommends the names to the respondent-Government after selecting suitable candidates conducted some written test. The two petitioners were successful with some students. The Commission decided to call only 31 candidates for interview after weeding out those who were not successful even at the elimination test so called. The petitioners were however told as per Annexure-C that as they were age barred they could not be called for interview. This intimation Annexure-C dated 11-11-1983 has provoked the present petition for a prayer directing the Service Commission to call the petitioners for personal interview and consider their case for selection along with other candidates.

(2.) According to the petitioners they were eligible to be selected as per the 1968 Rules which are to be found at Annexure-A. The said Annexure-A inter alia provides as under:

(3.) The matter appeared prima facie worthy to be considered and so may Brother I. C. Bhatt J. on 5-12-1983 had admitted the matter making it returnable on 16-1-1984. He has passed the following interim order: