ARCHANA ROBIN THACKER Vs. HIGH COURT OF GUJARAT

JUDGEMENT

(1.) THE petitioners, aspirants for the post of Civil Judge and Judicial Magistrate First Class, in both these petitions under Article 226 of the Constitution of India have sought declaration that they are entitled to receive the benefit of relaxation in upper age limit as per Rule 16 (E) of the Gujarat Civil Services Classification and Recruitment (General) Rules, 1967.

(2.) THE State of Gujarat exercising powers under Article 309 of the Constitution issued Notification dated 29. 09. 2005 amending the Gujarat Civil Services Classification and Recruitment (General) Rules, 1967. The Rule 16 (E) came to be promulgated under the Gujarat Civil Services Classification and Recruitment (General) (Amendment) Rules 2005 providing for five years relaxation in upper age limit prescribed in any recruitment rules for appointments to be made by direct selection or through competitive examinations to any services or post included in the State Subordinate Services or inferior services under the State as far as it related to the advertisement given by the Gujarat Public Service Commission and other Recruiting Authority or Agency during the period from 17. 08. 2005 to 16. 08. 2006. The State of Gujarat also issued a circular dated 25. 11. 2005 emphasizing need to implement the Rule 16 (E) of the Gujarat Civil Services Classification and Recruitment (General) Rules, 1967 and instructed the Recruiting Authorities and Agencies to even issue supplementary advertisement providing relaxation of five years in upper age limit where the recruitment procedure was yet not over.

(3.) THE High Court of Gujarat, vide Advertisement dated 24. 01. 2006 invited applications from the eligible candidates for recruitment to the post of Civil Judge and Judicial Magistrate First Class in the State of Gujarat. It is provided in this advertisement that candidate belonging to General Category must not have attained age of 35 years on 24. 02. 2006 i. e. the last date fixed for receipt of the application forms.