THAKORE JIGNAKUMA RANJITSINH Vs. DISTRICT PRIMARY EDCUATION OFFICER

JUDGEMENT

(1.) All these four matters came up before the court on Civil Application Nos. 2112 to 2115 of 1995 filed in respective main petitions by the District Primary Education Officer, who is respondent No. 1 in the main petitions. At the time of the arguments, both the sides submitted that the main matters may be finally decided as the Rule had already been issued in these matters and the controversy involved in these matters is a short one and based on identical set of facts. All the four Special Civil Applications alongwith the aforesaid four Civil Applications are, therefore, decided by this common judgement and order.

(2.) There is no dispute amongst the parties that certain number of vacancies, on the post of Primary Teacher, were notified by the District Primary Education Officer, Valsad District Panchayat, District Valsad by issuing notice inviting applications vide advertisement dated 21-10-91. All the four petitioners herein applied in response to the aforesaid notice inviting applications, which was issued in October 1991. At that time i.e. on the date of the advertisement, all the four petitioners were short of the age of 18 years, which is the minimum prescribed age under rule 4 of the Gujarat Panchayat Service (Recruitment of Primary Teacher) Rules, 1970. Earlier Special Civil Application (which had been filed by the petitioner in Special Civil application No. 227 of 1994) was allowed by this Court being Special Civil Application No. 2411 of 1992 on 3.9.93. Petitioner in Special Civil Application No. 228 of 1994 i.e. Patel Pankajbhai Manibhai withdrew the earlier Special Civil Application being Special Civil Application No. 2520 of 1992 after he had been interviewed under the interim orders of this court and after his name was included in the select list. The petitioners in Special Civil Application Nos. 229 of 1994 and Special Civil Application No. 230 of 1994, namely, Patel Vijaykumar Chhotubhai and Patel Nileshkumar Babubhai had not filed Special Civil Applications earlier, but they were interviewed as they were also covered as similarly situated candidates on the Strength of the interim orders passed by this court in other matters. It is submitted by Mr. Vyas appearing for the respondent No. 1 that the decision of this court rendered on 3.9.93 in the case of Thakore Jignakumari Ranjitsinh in Special Civil Application No. 2411 of 1992 is a subject matter of Letters Patent Appeal before the Division Bench and the Appeal is pending.

(3.) There is no dispute that the names of all these four petitioners are there in the select list for appointments on the post of Primary Teacher. There is no dispute that the process for recruitment, which was started in October 1991 continued upto July, 1992 and by this time and before the process of recruitment could be over, all these four petitioners have attained the minimum age of 18 years on 1-7-92 in terms of the explanation added in Rule 4 of the Gujarat Panchayat Service (Recruitment of Primary Teacher) Rules, 1970, as per the amendment, which was made in the year 1979. The explanation added under Rule 4, which gives the date on which the age is to be seen, is reproduced as under: