LEUVA JASHODA VASTABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this civil application, the applicants -original petitioners, have prayed for the following reliefs;

(2.) The applicants before me are serving on the post of Staff Nurse, Class -III. As on date, the nature of their employment is contractual. The applicant No.1 was appointed in 2001 and has continued to serve till this date, whereas the applicant No.2 was appointed in 2008 and has continued till this date. In the main writ application, they have prayed that their services be regularized. This Court has also protected them so far as their service conditions are concerned.

(3.) It appears that an advertisement came to be issued by the Chairman, Staff Nurse Competitive Exam Committee, calling for on -line applications for recruitment on the posts of the Staff Nurse, Class -III. In the said advertisement, it has been stated that the candidate, desirous of applying, should not be above 40 years of age. However, 5 years age relaxation has been given so far as the candidates belonging to the scheduled castes, scheduled tribe and S.E.B.C category are concerned. Apart from the same, 5 years relaxation has also been granted so far as the women candidates are concerned, but at the same time, in the advertisement, it has been made very explicitly clear that even if a candidate is falling within the reserved category, he should not be more than 45 years of age. The problem for both the applicants has cropped up over here. Both the applicants, as on date, are aged about 47 years.