AJIT K SHAHANI Vs. GUJARAT PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) The common point which arises for my considerations these two petitions is whether the petitioners are entitled to relaxation of the appear age limit for appointment to the post of Assistant Town Planner Since the common question arises in these petitions they are disposed of by this common judgment.

(2.) Petitioners were employed as Planning Assistants when applications were invited for the post of Assistant Town Planners which is a class II gazetted post. Petitioners were selected for these posts and were given ad hoc appoints ments as Assistant Town Planners. It may be mentioned here that they were given these ad hoc appointments although they had crossed the upper age limit of 30 years prescribed for the post of Assistant Town Planner under the rules called Assistant Town Planners/Land Acquisition Officers (Town Planning and Valuation Department) Recruitment Rules 1974 (hereinafter referred to as the Recruitment Rules). Since the post of Assistant Town Planners came within the purview of Gujarat Public Service Commission Commission for short). recruitment to that post could have been made only by selection through the Commission. It was therefore that petitioners were given ad hoc appointments as stated above. The Commission invited applications for 11 posts of Assistant Town Planners by advertisement which was published in the newspapers on 4/06/1984 Petitioners who were ad hoc appointees applied for the post. The Commission however did not call the petitioners for interview informing them that they were not within the prescribed age limit. Petitioners thereupon made representations for relaxation of the upper age limit. However since no reply was received they have approached this Court by way of these petitions contending amongst other things that they are entitled to relaxation of the upper age limit.

(3.) Petitioners have claimed relaxation of the upper age limit under the second proviso to rule 3 of the Recruitment Rules and second proviso to subrule (5) of rule 3 of the Gujarat Civil Services Classification and Recruitment (General) Rules 1967 (hereinafter referred to as the General Rules). Rule 3 of the Recruitment Rules on which petitioners rely reads as under:-