JAYANTILAL DWARKADAS PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner is serving as Range Forest Officer Exten- sion Range Tilakwada in Baroda District since February 1981. He holds B.Sc. Degree with Chemistry and a Diploma in Military Science in First Class. Prior to his joining service the petitioner had served in Naval N.C.C. and also attend- ed All India Naval Camp Vishakhapatnam in year 1974. The date of birth of the petitioner is 13-11-1953.

(2.) In pursuance to an advertisement issued by the Gujarat Public Service Commission (hereinafter referred to as the Commission) on 24-4-1983 for filling in 155 posts in the Gujarat Administrative Service Class I and Gujarat Civil Service Class I and Class II by combined competitive examination the petitioner applied and appeared in the written competitive examination and he was declared successful in the said examination. However respondent No. 2 by his letter dated 4-1-1985 informed the petitioner that since the petitioner did not fall within the age limit as prescribed and shown in the advertisement he cannot he called for the viva voce and personality test Being aggrieved by this letter and also by letter dated 4-3-1985 the petitioner has filed this petition and pray- ed for quashing and setting aside the said letters under which the petitioner was not called for viva voce and personality test and for the issuance of direction against the Government to relax the age limit.

(3.) Mr. M. G. Doshit for the respondents resisted the claim of the petitioner 8 stated that according to the practice of the Commission all the persons who apply are called for written examination. He has further drawn my atten- tion to the prescribed admission form wherein some conditions are printed. Condition No. 7 thereof which is material for our purposes provides that in accordance with the rules for examination if the applicant is possessing neces-- sary qualification viz. educational age and other requirements then only he will be called for viva voce test. Mr. Doshit further submits that thousands of applications are received and it is not possible for the Commission to scrutinise each and every application by calling for documents. They are allowing the applicants to appear at the examination without scrutinising their initial eligi-- bility. It is not disputed that the petitioner is found successful at the written examination but when his application was scrutinized it was found by the Commission that the petitioner was not eligible on account of his over age and therefore. the Commission refused to call the petitioner for viva voce test.