TRUPTIBEN B PATEL Vs. DISTRICT PRIMARY EDUCATION OFFICER

JUDGEMENT

(1.) Issues raised in these Letters Patent Appeals and Special Civil Applications are same. Though appellants and petitioners are different in these matters, respondents are identical. So, we consider it advantageous to dispose of these matters by a common judgment. As agreed to by Counsels appearing on either side, we refer to the facts of Letters Patent Appeal No. 302 of 1993 because facts of these cases do not vary materially.

(2.) . Letters Patent Appeal No. 302 of 1993 arose out of a decision rendered by a learned single Judge in Special Civil Application No. 7547 of 1992. That Special Civil Application was disposed of by the learned single Judge along with 11 other Special Civil Applications by a common judgment dated 19th March, 1993. Common question that arose in those Special Civil Applications was whether the petitioners therein were qualified for being considered for the posts of Primary Teacher as per the Gujarat Panchayat Service (Recruitment of Primary Teachers) Rules, 1970 (hereinafter referred to as "the Rules"). Learned Judge took the view that candidates, who put in applications for the posts of Primary Teacher pursuant to the Notification issued on 13-10-1992, should have completed the age of 18 as on 1-7-1992, and not as on 1-7-1993, as contended by them. Learned Judge, while taking this view, differed from the stand taken by this Court in many earlier decisions, placing reliance on the decision of the Apex Court in A. P. Public Service Commission, Hyderabad v. B. Sarat Chandra , reported in 1990 (2) SCC 669. Hence, these Letters Patent Appeals and Special Civil Applications.

(3.) . For a proper understanding of the issue in controversy, we shall refer to the basic facts. On 13-10-1992, an advertisement was published in newspapers, inviting applications from eligible candidates for selection to the posts of Primary Teacher. Applications pursuant to this Notification were to be filed within 15 days therefrom. The Notification specifically mentioned that applications are for recruitment of Primary Teachers 1992-93. Application form issued by the District Education Committee, Mehsana is produced as Annexure 'C' to Special Civil Application No. 7547 of 1992. It required applicant to mention age as on 1-7-1992. Along with that application form, instructions in respect of filling the forms were also issued. Instruction 6 was that :-