R. K. ABICHANDANI, A. K. TRIVEDI, D. H. WAGHELA, J.

( 1 ) BY a very elaborate order of reference, the learned Single Judge has referred the following question for consideration of a larger bench:" In view of the provisions as contained in Rules 5 and 6 of the Rules 1970, the advertisement inviting applications for recruitment made in this case and the fact that no other date (sic, was?) indicated in the advertisement with reference to the requisite qualifications for recruitment should be judged, which should be the relevant date, the last date of receipt of application or the date of selection in the present case with reference to which the requisite qualification for recruitment to the post of Primary Teacher should be judged. "

( 2 ) THE background of the reference may briefly be noted. The District Primary Education Officer of the District Panchayat, Ahmedabad invited applications by an advertisement dated 19. 9. 1994 published in the newspapers dated 22. 9. 1994 and 26. 9. 1994 for making recruitment to the post of primary teachers. Recruitment to the said post is governed by the Rules known as "the Gujarat Panchayat Service (Recruitment of Primary Teachers) Rules, 1970 which ha

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