Important Point
Candidates belonging to reserved category if they avail benefit of age relaxation, are not entitled to their cases being considered for General Category vacancies.

M.R. SHAH, J.

1.0. As both these Letters Patent Appeals are against the order passed by the learned Single Judge passed in Special Civil Application No.11996 of 2012 but by different original respondents, one by the Gujarat Public Service Commission (hereinafter referred to as the “GPSC”) and another by State of Gujarat and another, both these appeals are heard, decided and disposed of by this common judgment and order.

2.0. That feeling aggrieved and dissatisfied with the impugned judgment and order passed by the learned Single Judge dated 23.09.2013 passed in Special Civil Application No.11996 of 2012, by which, the learned Single Judge has allowed the said Special Civil Application preferred by the respondent nos.1 and 2 herein – original petitioners (hereinafter referred to as the “original petitioners”) and has quashed and set aside the select list prepared by the GPSC for the post of Deputy Section Officer (State Secretariat Gujarat Legislative Assembly, Secretariat, Gujarat Public Service Commission) and Deputy Mamlatdar (Revenue), Class III and has directed to prepare the fresh select list after following direction as contained in para 78 of the said judgment and order, the original respondent no.2GPSC has preferred Letters Patent Appeal No.1480 of 2013 and original respondent nos. 1 and 3 – State of Gujarat and Another have preferred Letters Patent Appeal No. 1498 of 2013.

3.0. The facts leading to the present Letters Patent Appeals in nutshell are as under:

3.1. That the State Government in exercise of powers conferred by provision of Article 309 of the Constitution of India made Gujarat Civil Services Classification and Recruitment (General) Rules 1967 (hereinafter referred to as the “Recruitment Rules, 1967”) vide notification dated 10.10.1967. As per subrule (2) of Rule 8 which prescribed the condition, the appointing authority has been given powers to relax the age limit in favour of the candidates belonging to the Schedule Castes, Schedule Tribes and Socially and Educationally Backward Class and in favour of candidates who are women to the extent indicated therein.

3.2. That the State Government, in exercise of powers under Article 309 of the Constitution of India vide notification dated 28.09.1979 framed the Rules called the Gujarat State Secretary Assistant, Deputy Mamlatdar and Sales Tax Inspector Recruitment (Examination) Rules, 1979 (hereinafter referred to as the “Examination Rules, 1979”).

3.3. That the Ministry of Personnel, Public Grievances and Pension Department vide Office Memorandum No. 36012/13/88EST(SCT) dated 22.5.1989 formulated a policy in favour of Schedule Castes and Schedule Tribes category, in tune with the provision of Clause (4) of Article 16 of the Constitution of India, which enables the State Government to provide for reservation for the category of persons belonging to the backward classes. That thereafter, the Ministry of Personnel, Public Grievances and Pension Department vide Office Memorandum dated 1.7.1998 clarified the earlier Office Memorandum dated 22.5.1989.

3.4. That in the meantime, the State Government in its General Administration Department vide Government Resolution dated 11.12.1986 formulated a policy to the effect that the members belonging to the Schedule Castes and Schedule Tribes selected for the appointment by direct selection to any service or post included in the State Services or in the Subordinate Services on the basis of their merits, such members shall be considered for appointment on unreserved posts, which are filled in on merit along with other general category and such appointment on merits of the members belonging to such castes and tribes shall in no way affect claims of the members of such castes and tribes for appointment in the services or on the post reserved for them under the Government orders issued from time to time. At this stage, it is required to be noted that it is the case on behalf of the State Government that as per the instruction r