SANJAY P PATEL Vs. DISTRICT PRIMARY EDUCATION OFFICER

JUDGEMENT

(1.) These two Special Civil Applications involving common question of law are based on identical facts and therefore both these Special Civil Applications are decided by this common order.

(2.) A notice inviting applications for the post of teachers in the primary section was issued through an advertisment in the daily newspaper 'Gujarat Samachar' on 22.4.1994. Both the petitioners had applied in response to this notice inviting applications for appointment as primary teachers. The last date for submission of the applications was within a period of fifteen days from the date of the issue of the advertisement. There is no dispute about the academic qualification of two petitioners but the dispute is about the age requirement. As per the advertisement the age requirement was that the candidate should not be short of 18 years as on 1.7.1994. The date of birth of petitioner Shri Sanjay Prahladbhai Patel in Special Civil ApplicationNo. 6545 of 1996 is 11.1.1977 and that of Shri Patel Jatinkumar Hirabhai, Petitioner in Special Civil ApplicationNo. 6547 of 1996 is 20.1.1977. Thus the petitioners had not attained the age of 18 years as on 1.7.1994. Both the petitioners had been called for interviews which were held on 18.2.1996 vide letters dated 3.1.1996. The petitioner's grievance is that despite their higher merit they have not been selected for appointment as primary teachers. Their higher merit is not contested by the respondents but the respondents have come with the case that the petitioners were not eligible because they had not attained the age of 18 years as on 1.7.1994. There is no dispute that the appointments have been made in October, 1996 and both the petitioners had attained the age of 18 years in July, 1995 and therefore they were within the age limit at the time when the interview call letters were sent in January, 1996 at the time when the interviews were held in February, 1996, and at the time when the appointments were made in October, 1996. In this view of the matter, the very limited controversy which requires consideration is as to whether the petitioners should be considered to be eligible for the post of primary teacher in terms of notice inviting applications dated 19.9.1994 which was issued on 22.9.1994. It is very clear from the above narrated facts that as on 1.7.1994 the petitioners had not attained the age of 18 years and in terms of this notice inviting applications they could not be considered to be eligible from the point of view of the requirement of age. The reference was made in this regard by Mr. Hasulkar to the relevant rules and the court's attention was invited to the Gujarat Panchayat Services (Recruitment of Primary Teachers) Rules, 1970. The relevant rule is rule 4 and the same' is reproduced as under for ready reference:

(3.) There is no question of invoking proviso under Rule 4(b) because it is not the case of the petitioners that candidates fulfilling the qualifications specified in Clauses (a) & (b) were not available. Hence there is no question of considering the relaxation. The explanation under Rule 4(a) as quoted above shows that for the purpose of this Rule a candidate is to be deemed to have attained the age limit if he attains such age limit before 1st July of the year in which the recruitment is made. Therefore, the words 'year in which the recruitment is made' acquires great significance and this Court is called upon to consider as to whether 1994, 1995 or 1996 is to be taken as the year in which the recruitment is made because in this case the notice inviting application dated 19.5.1994 was published through advertisement dated 22.9.1994; interview call letters were issued on 3.1.1996; interview were held on 18.2.1996 and the appointments were made in October, 1996. If 1995 is taken as year of recruitment or 1996 is taken as year of recruitment the petitioners can be held to be eligible but in case 1994 is taken to be the year of recruitment the petitioners cannot be held to be eligible because in that case, they are required to complete 18 years as on 1.7.1994.