G A PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The learned Single Judge of this Court rejected the petition by the appellants holding that the failure to call the petitioners for personal interview by the Gujarat Public Service Commission for considering the cases for selection to Class II post was in accordance with the rule. The only contention that we are concerned with in this appeal is whether in accord ance with the rules applicable to the parties the petitioners-appellants must be taken as over-aged which is the reason indicated by the Public Service Commission for declining to call the petitioners for personal interview.

(2.) The petitioners were appointed on 15-4-1969 under the Directorate of Health Services of Gujarat State. At the time they filed the petition they were working as Health Education Extension Officers in the Health and Family Welfare Training Centre at Ahmedabad. Applications were invited for seven posts in Class II cadre and the petitioners also applied. In the preliminary selec tion the petitioners passed and the next stage of selection was one of interview. But by Annexure C they were told that they were age-barred and could no. De called for interview. It is this Annexure C letter dated 17-11-1983 that is responsible for resort to this Court.

(3.) The relevant rules of 1968 which govern the selection to the concerned posts is Annexure A to the petition and these rules contemplate appointment to the post inter alia by direct selection. It is provided in the relevant rule that to be eligible for appointment by direct selection a candidate must be not more than 25 years of age unless already in Gujarat State Services. The main thrust of the petitioners case is that this is a rule which does not prescribe an age limit for those in Government service and it prescribes age limit of 28 only for those who seek appointment not being in Government service. It is therefore their case that they are entitled to be selected without any restriction as to age limit. I his plea has not succeeded before the learned Judge because the learned Judge has referred to the general Rule 8 of the Gujarat Civil Service Classification and Recruitment (General) Rules 1967 That rule reads: